ET Legal World: National: Sunday,
15 September 2024.
In a recent development, an appeal under the Right to Information (RTI) Act, 2005, seeking details about the will of Henning Holck-Larsen, a founding member of the L&T Group, has been dismissed by the Securities and Exchange Board of India (SEBI).
In a recent development, an
appeal under the Right to Information (RTI) Act, 2005, seeking details about
the will of Henning Holck-Larsen, a founding member of the L&T Group, has
been dismissed by the Securities and Exchange Board of India (SEBI).
The appellant had filed an RTI application on August 2, 2024, requesting certified copies of HolckLarsen's registered will and documents regarding the distribution of his shares among L&T employees through a welfare trust after his death.
SEBI responded on August 8, 2024, stating that the requested information was not available with the regulatory body.
Unsatisfied with this response, the appellant filed an appeal on August 16, 2024, claiming they were refused access to the requested information.
The Appellate Authority under the RTI Act at SEBI, reviewed the case and delivered the verdict on September 11, 2024. In her decision, Ruchi Chojer noted that SEBI had clearly stated the unavailability of the requested information in their records.
Citing a landmark judgment by the Supreme Court of India in the case of Central Board of Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors (August 9, 2011), Chojer emphasized that the RTI Act only provides access to existing and available information.
The Act does not obligate public authorities to collect or collate non-available information that is not part of their records or required to be maintained under any law, rules, or regulations. Based on these observations, the Appellate Authority found no deficiency in SEBI's response and dismissed the appeal, upholding the regulatory body's initial decision.
In a recent development, an appeal under the Right to Information (RTI) Act, 2005, seeking details about the will of Henning Holck-Larsen, a founding member of the L&T Group, has been dismissed by the Securities and Exchange Board of India (SEBI).
The appellant had filed an RTI application on August 2, 2024, requesting certified copies of HolckLarsen's registered will and documents regarding the distribution of his shares among L&T employees through a welfare trust after his death.
SEBI responded on August 8, 2024, stating that the requested information was not available with the regulatory body.
Unsatisfied with this response, the appellant filed an appeal on August 16, 2024, claiming they were refused access to the requested information.
The Appellate Authority under the RTI Act at SEBI, reviewed the case and delivered the verdict on September 11, 2024. In her decision, Ruchi Chojer noted that SEBI had clearly stated the unavailability of the requested information in their records.
Citing a landmark judgment by the Supreme Court of India in the case of Central Board of Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors (August 9, 2011), Chojer emphasized that the RTI Act only provides access to existing and available information.
The Act does not obligate public authorities to collect or collate non-available information that is not part of their records or required to be maintained under any law, rules, or regulations. Based on these observations, the Appellate Authority found no deficiency in SEBI's response and dismissed the appeal, upholding the regulatory body's initial decision.
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