The Delhi High Court has set aside a Central Information Commission (CIC) order directing Indian Air Force to disclose detailed records relating to Prime Minister (PM) Narendra Modi and former PM Manmohan Singh’s foreign travel under the Right to Information Act (RTI Act).  

Justice Amit Mahajan noted that the RTI applicant, retired Commodore Lokesh Batra, had sought details about Special Flight Returns (SFR) Part I & Part II, which include details of aircraft, aircrew, the entire entourage, including names of all the Special Protection Group (SPG) personnel travelling with the PM.

The Court observed that providing this information could compromise national security and endanger the PM's life and physical safety. 

“The potential implications of such disclosure for national security and the security apparatus accompanying the Hon’ble Prime Minister cannot be disregarded,” the High Court said in its October 15 order. 

Justice Mahajan ruled that the High Court or the CIC “cannot sit in appeal over the subjective satisfaction of the competent security agencies as to whether disclosure of particular information could jeopardise national security or endanger the life and physical safety of the Hon’ble Prime Minister”. 

“Such an assessment falls primarily within the domain of the agencies entrusted with the responsibility of ensuring the security of the Hon’ble Prime Minister and this Court cannot substitute its own assessment for that of the competent security agencies,” the Court said. 

The case arose from an RTI application filed in June 2018 by retired Commodore Lokesh K Batra. He sought details of foreign visits undertaken by Indian Prime Ministers on Indian Air Force aircraft between April 2013 to June 2018

While the Air Force provided information about certain visits, it refused to disclose SFR Part-I and Part-II details.

The Central Public Information Officer (CPIO) of the Air Force cited security concerns and also invoked the exemption for information held in a fiduciary capacity.

However, the CIC directed the Air Force to provide certified copies of available and relevant SFR-II records after redacting the names of security personnel.

This prompted the CPIO to approach the High Court.

Batra’s counsel told the Court that the information sought related to expenditure of public funds on PM’s foreign visits and was therefore, in the larger public interest. 

He clarified that the request concerned private individuals accompanying the PM at public expense, rather than the identities of security personnel.

However, the Court said that the mere fact that public funds have been expended on the foreign visits of the PM does not, by itself, “justify disclosure of information which may compromise the security arrangements put in place for such visits”.

It concluded that the CIC had erred in directing disclosure of the SFR-II and therefore, set aside the order. 

Central Government Standing Counsel (CGSC) Pratima N Lakra and advocate Shailendra Kumar Mishra appeared for the Indian Air Force. 

Advocates Prasanna S, Injila Muslim Zaidi, Ashish Reddy, Prasanna Balakumar and Ms. Ishita Tulsyan represented Commodore Lokesh Batra. 

[Read Order]