CIC awaits SC hearing on Tuesday, stays RTI disclosure of banks' inspection, NPA data by RBI

New Delhi, Jan 19 (PTI) The Central Information Commission (CIC) has blocked the release of bank inspection reports and loan defaulter lists under the RTI Act, deferring to the "benefit of the direction" by the Supreme Court of India.

Understanding the wide national implications, the transparency watchdog ruled that no Non Performing Assets (NPA) data or penalty details will be disclosed until the apex court decides on pending petitions by banks on Tuesday.

The CIC directed its Registry to list the matter after the Supreme Court hearing in view of pending petitions seeking reconsideration of the landmark Jayantilal N Mistry judgment on disclosure of RBI inspection reports.

Information Commissioner Khushwant Singh Sethi said it would be appropriate to await the Supreme Court's directions, with the apex court scheduled to hear the matter on Tuesday.

In a series of interim orders covering appeals filed by State Bank of India, Bank of Baroda, Axis Bank, RBL Bank, Yes Bank, Citibank NA and Ahmednagar Merchants' Co-operative Bank, the Central Information Commission (CIC) observed that the questions involved have wide national implications and require authoritative clarity from the Supreme Court, particularly in view of pending petitions seeking reconsideration of the landmark Jayantilal N Mistry judgment on disclosure of RBI inspection reports.

Taking note of submissions made during the hearings, the Commission recorded that related writ petitions pending before the apex court are listed for hearing on Tuesday, January 20, 2026.

"The Commission opined that it would be appropriate to have the benefit of the direction of the Supreme Court of India, in the matter," the CIC said, while directing that no information be disclosed till final adjudication.

In one such order, it noted that the case before the Supreme Court "is listed on January 20, 2026, and the decision in Reserve Bank of India & Ors vs Jayantilal N Mistry & Ors is expected to be reconciled by the Supreme Court." The cases arise from objections raised by banks to the Reserve Bank of India's decisions to disclose information such as inspection and risk assessment reports, lists of non-performing assets (NPAs) and wilful defaulters, show-cause notices, penalties imposed after statutory inspections and related enforcement actions.

The central bank, relying on Supreme Court precedent, held that the records were "liable to be disclosed" under the RTI Act after severing exempt portions and that it is not in a fiduciary relationship with regulated entities.

The banks, however, challenged the RBI's view before the CIC, arguing that disclosure of supervisory and regulatory information would harm their commercial interests and that key aspects of the Jayantilal N Mistry ruling are under reconsideration by the Supreme Court.

In the Axis Bank case, relating to disclosure of documents connected with a monetary penalty imposed after statutory inspections, the Commission noted that similar matters were earlier heard by a double bench and held that they "need deliberation by a larger bench," staying disclosure in the interim.

In the Citibank NA matter, involving inspection reports and show-cause notices, the RBI told the Commission that it was bound by the apex court ruling and that any deviation could invite contempt proceedings. The CIC nevertheless deferred a final decision, directing that “the respondent shall not disclose the sought information to the original RTI applicant till the final disposal of the instant appeal.” In another order concerning Ahmednagar Merchants’ Co-operative Bank, the Commission explicitly linked its approach to the impending Supreme Court hearing on Tuesday, reiterating that it would be appropriate to await the top court’s guidance before proceeding further.

Similar interim relief has been granted in cases involving State Bank of India, Bank of Baroda, RBL Bank and Yes Bank, where disclosure of NPAs, wilful defaulters' lists, inspection reports and enforcement actions has been stayed pending consideration by a larger bench of the CIC.

The Commission has referred all such matters to the Chief Information Commissioner for listing before a larger bench and made it clear that disclosure will remain stayed until final decisions are taken, with the Supreme Court's hearing on Tuesday expected to be a key turning point in the nationally significant debate on banking transparency under the RTI law. PTI MHS ABS SKL HIG