Central Information Commission
Rohith Methayil Rajagopal vs Reserve Bank Of India on 5 March, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/RBIND/C/2022/617750
Rohith Methayil Rajagopal ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Reserve Bank of India,
Mumbai ... ितवादीगण /Respondents
Relevant dates emerging from the complaint:
RTI : 23.10.2021 FA : 29.11.2021 Complaint : 25.03.2022
CPIO : 22.11.2021 FAO : 29.12.2021 Hearing : 29.02.2024
Date of Decision: 04.03.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Complainant filed an RTI application dated 23.10.2021 seeking information on the following points:
• "As per the rule under the Right to Information Act 2005, I sought information related to a digitally traded currency like Virtual currency / Cryptocurrency that circulating in the country and outside.
• Regarding Cryptocurrency, a Circular was issued by the Reserve Bank of India, dated 06th April 2018, prohibited banks from dealing in Cryptocurrencies or offering any services to Customers on them. But Applications like WazirX, grow, which are currently available at Google Play store and IOS have got a large Page 1 of 3 number of customers in India. According to information revealed by a Cryptocurrency Trader, nearly 10,000 Crores of Rupees of investment had been made only in virtual currencies in India.
(i) As per the available information, kindly furnish the position and stand of the Reserve Bank of India in digital trading and possession of Cryptocurrencies by the Indian Citizens
(ii) If the Cryptocurrencies are permitted to trade, does the Reserve Bank of India have initiated to codify the data in connection with the Cryptocurrency investment and investors.
(iii) As per the available information, kindly furnish any legal document and its date that permits digital trading of Bitcoin / Cryptocurrencies in India."
2. The CPIO replied vide letter dated 22.11.2021 denied the information under section 2 (f) of the RTI Act, 2005.
3. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 29.11.2021 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 29.12.2021 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Complaint dated 25.03.2022.
5. The Complainant and on behalf of the respondent Ms. Amrutha, Legal Officer and Shri Brijesh, Manager, attended the hearing through video conference.
6. The Complainant inter alia submitted that RBI introduced digital currencies and instead of furnishing a general outlook regarding cryptocurrency, the CPIO had rejected the information by quoting Section 2 (f) of the RTI Act.
7. The respondent while defending their case inter alia submitted that the complainant had sought position or stand taken by RBI with respect to cryptocurrencies Page 2 of 3 and the same could not have been addressed in material form. Therefore, they had replied vide letter dated 22.11.2021 that the information was not covered within the definition of "information" under Section 2 (f) of the RTI Act.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act. The Complainant had raised queries which were speculative in nature. Therefore, the same was not squarely covered within the ambit of Section 2 (f) of the RTI Act. Accordingly, the complaint is closed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 04.03.2024
Authenticated true copy
Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO, RTI Cell, Reserve Bank of India Department of Payment and Settlement(DPSS) Central Office Building S.B. Road, Fort, Mumbai - 400001
2. Rohith Methayil Rajagopal Page 3 of 3