“Central Information Commission Dismisses RTI Complaint Seeking Mortgage Details, Cites ‘Interrogative Nature’ and ‘Personal Information’ as Grounds”

07 May 2024 8:19 AM

By: Admin

The Central Information Commission (CIC) has dismissed an RTI complaint filed by Go Neelahram against the State Bank of India (SBI), stating that the queries were “interrogative in nature” and contained “elements of personal information of a third-party borrower.”

In a detailed judgment, Information Commissioner Saroj Punhani observed, “The information sought by the Complainant is interrogative in nature which does not strictly conform to Section 2(f) of the RTI Act per se.” The Commission also noted that the queries contained elements that are protected under Section 8(1)(j) of the RTI Act, which pertains to personal information.

The complaint originated from an RTI application filed by Go Neelahram, seeking details about mortgage deeds, land ownership changes, and loan transactions between D. Krishnamoorthy and SBI. The CPIO had initially denied the information, citing that it was third-party information and exempted from disclosure under Section 8(1)(e) and 8(1)(j) of the RTI Act.

Backing the CPIO’s decision, the Commission referred to several Supreme Court judgments, including CBSE vs. Aditya Bandopadhyay & Ors. And Khanapuram Gandaiah vs Administrative Officer & Ors., to emphasize that the RTI Act does not require public authorities to furnish information that requires drawing inferences or making assumptions.

The Commission also found “no malafide intent” on the part of the CPIO in denying the information and stated, “No further action is required in the matter.”

The judgment has been met with mixed reactions, with some legal experts stating that it upholds the sanctity of personal information, while others argue that it could set a precedent limiting the scope of the RTI Act.

The complaint has been disposed of accordingly, and the CPIO has been directed to share a copy of his latest written submissions with the Complainant.

Go Neelahram vs STATE BANK OF INDIA, RBO 2