Bombay HC Seeks Centre's View On RBI Plea Against CIC Order On Naming Willful Defaulters

The Bombay High Court Thursday directed the Centre to file its response to the petition filed by the Reserve Bank that challenges an order passed by the Central Information Commission (CIC) asking it disclose the names of large willful defaulters.

The CIC had on July 4 directed the RBI to disclose the names of large willful defaulters and also the letter written by former RBI governor Raghuram Rajan to the PMO on bad loans. The HC seeks govt view on RBI plea against CIC order on naming willful defaulters.

The CIC, which was hearing a petition filed by Delhi resident Ajay Gupta, also asked RBI to provide the information within four weeks.

When it failed to do so, the CIC earlier this month had issued a show-cause notice to RBI Governor Urjit Patel for "dishonouring" a Supreme Court judgment on disclosure of the
names of the willful defaulters.

Irked over the denial of information on the disclosure of the names of wilful defaulters who have taken bank loans of Rs 50 crore and above by the RBI in spite of a Supreme Court order, the CIC has asked Patel to explain why a maximum penalty be not imposed on him for "dishonouring" the verdict which had upheld a decision taken by then Information Commissioner Shailesh Gandhi, calling for disclosure of names of wilful defaulters.

On November 18, the CIC had once again asked the RBI to submit the list and also Rajan's letter on bad loans to the PMO.

The central bank earlier this week approached the Bombay High Court challenging the July 4 CIC order as well as the show-cause notice issued to Patel.

The petition came up for hearing on Thursday before a division bench of justices BP Dharmadhikari and SV Kotwal.

Since Central counsel DP Singh sought time to file the response, the court posted the matter for further hearing to December 18 and said the interim stay granted earlier would
continue on implementation of the CIC order.

The RBI in its petition said the Union Home Ministry gives information on willful defaulters to it in a confidential manner and has also asked the RBI to not disclose the same as it can jeopardise national security.

"The RBI is only maintaining and respecting this confidentiality. In August, the RBI addressed a letter to the Union Home Ministry apprising it of the CIC order. The ministry replied that the said information was confidential and ought not to be disclosed," the RBI said in its petition.

The central bank also termed the CIC order as arbitrary and bad in law as the RBI was not the proprietor of the information being sought.

The RBI further said it only passes on information received from the Union home ministry to the banks concerned and does not maintain a database of the said information. It further said disclosing such information will have an impact on national security as well.

PTI