Published on: October 8, 2023 at 09:58 IST
Court: Supreme Court of India
Citation: T. Takano V. SEBI (2022)
Honourable Supreme Court of India has held that the Authority can withhold / deny the documents in adjudicating proceedings, if there is a prima facie case that such disclosure of the documents would violate third-party rights:
- Investigation Reports contain information on the key functioning of the third person in the market.
- The report also contains the personal information of various stakeholders and such disclosure will violate the right to privacy of the third-party individuals
- It includes strategic information about the Government or Third Party.
57. In Natwar Singh, this Court has observed that there are exceptions to the general rule of disclosing evidentiary material. This Court held that such exceptions can be invoked if the disclosure of material causes harm to others, is injurious to public health or breaches confidentiality. While identifying the purpose of disclosure, we have held that one of the crucial objectives of the right to disclosure is securing the transparency of institutions.
The claims of third-party rights vis-à-vis the right to disclosure cannot be pitted as an issue of public interest and fair adjudication. The creation of such a binary reduces and limits the purpose that disclosure of information serves. The respondent should prima facie establish that the disclosure of the report would affect third-party rights. The onus then shifts to the appellant to prove that the information is necessary to defend his case appropriately.
Drafted By Abhijit Mishra
