Bombay HC: Public Authorities Need Not Collect Private Information To Answer RTI Queries

Mumbai, August 19, 2026 - The Bombay High Court has ruled that public authorities are not obligated under the Right to Information Act to gather data from private sources when answering requests from RTI applicants. This decision was made by a Bench comprising Justices Manish Pitale and Shreeram Shirsat, while overturning orders from the Central Information Commission directing the Securities and Exchange Board of India to collect information from the Bombay Stock Exchange.

The CIC had interpreted "information" under the RTI Act to mean that the SEBI needed not only to disclose existing records but also to gather new information from third parties like the BSE. However, the High Court rejected this interpretation, stating that a public authority's mere regulatory power to request information from third entities does not translate into a duty to collect such data for RTI applicants.

The court emphasized that the RTI Act mandates providing information already held by public authorities, rather than acting as an information-gathering agency for material beyond their possession. SEBI had contended that the extra duty would exceed what the RTI Act requires of public bodies. The High Court agreed with SEBI's argument, citing earlier Supreme Court decisions that clarify the RTI Act does not compel public authorities to collect or collate information not already in their custody.

Consequently, the CIC's reasoning was found to conflict with Supreme Court law, leading to the quashing of the orders directed at SEBI and the BSE.