VidhiSangh

Supreme Court of India · 30/09/2022

HDFC BANK LTD. & ORS versus UNION OF INDIA & ORS.

[2022] 13 S.C.R. 502 · 2022 INSC 1056

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Summary

Banks petitioned under Article 32 against RBI directions to disclose confidential information about themselves and their customers under the RTI Act. The RBI had issued those directions following Jayantilal N. Mistry (2015) and Girish Mittal. An applicant sought dismissal because the petitions in effect challenged a final judgment of this Court. The Supreme Court rejected the objection. Following Sanjay Singh, Rupa Ashok Hurra bars an Article 32 challenge to a judgment's final order, not re-examination of its ratio, unless the parties and cause of action are the same. The banks were not parties to Jayantilal, and the 2021 order refusing recall left other remedies open. Prima facie, Jayantilal did not balance information rights against the privacy right recognised in Puttaswamy, and only this Court could grant relief.

Issues

  1. Whether writ petitions under Article 32 by banks challenging RBI directions to disclose information under the RTI Act were barred because they effectively questioned this Court's decision in RBI v Jayantilal N. Mistry.
  2. Whether the dismissal of the banks' recall applications in 2021 prevented the present petitions.
  3. Whether the issue of balancing the right to information against the right to privacy warranted examination despite Jayantilal N. Mistry.

Provisions considered

Held

Result

Preliminary objection rejected and the applications seeking dismissal of the writ petitions as not maintainable were dismissed. The impleadment application was allowed, and the writ petitions were to proceed.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 502.