The principle of ‘ex debito justitiae‘ has been emphasized. No man should suffer because of mistakes of Court. To err is human and Courts including Apex Court are no exception. It has been held, rules of procedure are handmaidens of justice and not mistresses of justice. The principle of ‘ex debito justitiae‘ cannot be given a go-bye.
In view of Reserve Bank of India v. Jayantilal N. Mistry, (2016) 3 SCC 525 RBI is entitled to issue directions to Banks to disclose information even with regard to individual customers. In effect, it may adversely affect right to privacy.
K.S. Puttaswamy v. Union of India, (2016) 5 SCC 1 held, right to privacy is a fundamental right. No doubt, right to information is also a fundamental right. In case of such a conflict, Court is required to achieve a sense of balance.
Without expressing any final opinion, prima facie, we find: Jayantilal N. Mistry did not take into consideration, aspect of balancing right to information and right to privacy.
– Hon’ble Justice B.R. Gavai, HDFC Bank Ltd. v. Union of India, [Writ Petition (Civil) No. 1159 of 2019].