corporate law

IBBI Dismisses Kairav Anil Trivedi's RTI Appeals on Information Requests

IBBI Dismisses RTI Appeals by Kairav Anil Trivedi

On February 10, 2025, the Insolvency and Bankruptcy Board of India (IBBI) ruled on six Right to Information (RTI) appeals submitted by Kairav Anil Trivedi. These appeals challenged the responses provided by the Central Public Information Officer (CPIO) regarding requests for internal documents and details of investigations. After thorough examination, the First Appellate Authority confirmed that the requested information, where available, had already been provided and adhered to the governing provisions of the RTI Act, which allows access only to existing records, not the generation of new documents or rationales for decisions.

Overview of the Appeals

The appeals sought access to documents such as:

  • Show cause notices (SCNs)
  • Investigation reports
  • Complaints under various sections of the Insolvency and Bankruptcy Code (IBC) and IBBI regulations

Ultimately, it was concluded that no further information could be disclosed beyond what was already available, resulting in the dismissal of the appeals.

Appeal Examination

  1. On January 3 and January 6, 2025, the appellant filed six RTI applications, necessitating a detailed review of the RTI Act's provisions. Due to the common subject matter, these appeals were consolidated for a single decision.

  2. The analysis of the applications, responses from the respondent, and the appeals indicated that determinations could be made based on existing materials. Per Section 2(f) of the RTI Act, "information" includes various forms of records held by a public authority; however, it does not require authorities to create new documents or justify prior actions.

Findings on Individual Appeals

  • RTI Appeal Nos. ISBBI/A/E/25/00001 and ISBBI/A/E/25/00002:
    The appellant sought internal orders related to show cause notices connected with a stay order from the Hon'ble High Court of Mumbai. The authority clarified that the RTI Act does not mandate the creation of new documents, and the appellant had already received relevant SCNs and file notings, resulting in no additional information being issued.

  • RTI Appeal Nos. ISBBI/A/E/25/00003 and ISBBI/A/E/25/00004:
    Documents requested about the investigation process and opinions under relevant IBC sections were reviewed. It was noted that the information sought was already accessible to the appellant, with no further data available for disclosure.

  • RTI Appeal No. ISBBI/A/E/25/00005:
    The appellant requested various opinions related to complaints. The authority reiterated that all pertinent information was already in the appellant's possession, emphasizing that the respondent is not obligated to produce new information or respond to specific queries.

  • RTI Appeal No. ISBBI/A/E/25/00006:
    In this case, copies of orders and reports related to an investigation were requested. Consistently, it was established that the appellant already possessed the requested SCNs and file notings, and no further information could be provided by the respondent.

Further Amendments

  1. RTI Act Amendments via DPDP Act, 2023 (Effective 2024–2025)

    • Section 8(1)(j) Amendment: The Digital Personal Data Protection (DPDP) Act, 2023 amends Section 8(1)(j) of the RTI Act, 2005. This amendment enforces a stricter barrier on the disclosure of personal information by removing the previous provision allowing disclosure in the public interest.

    • Impact: Information pertaining to the personal data of public officials, once disclosable for public interest purposes, is now exempt from disclosure unless explicit consent is obtained. This change could influence future RTI applications requesting details about public officials or investigation officers.

    • Government’s Position: The government contends this aligns with the Supreme Court’s Puttaswamy judgment on privacy rights, while critics argue it diminishes transparency and accountability.

  2. IBBI Regulatory Amendments (2025)

    • Inspection and Investigation Regulations: The IBBI (Inspection and Investigation) (Amendment) Regulations, 2025 clarify the definition of "associated" within the context of investigations. The definition now encompasses involvement in handling investigations, considering reports, or issuing show cause notices.

    • CIRP and Liquidation Regulations: Amendments have been made to enhance the insolvency resolution and liquidation processes; however, these changes do not directly impact the RTI process or the grounds for information disclosure under RTI.