The Supreme Court on Monday held that a Madhya Pradesh government notification exempting the Lokayukta's Special Police Establishment (SPE) from the ambit of the Right to Information (RTI) Act was excessive. [Special Police Establishment v. Kamta Prasad Mishra]

The notification had exempted the SPE from the purview of the RTI Act citing Section 24(4), which allows State governments to exempt certain intelligence and security organisations from the transparency law.

In a judgment delivered today, a Bench of Justices SVN Bhatti and Atul S Chandurkar said,

"We have held that the notification dated 25-8-2011 is excessive and is accordingly stopped."

The Court was hearing a petition filed by the SPE challenging a Madhya Pradesh High Court order directing it to disclose information sought under the RTI Act by a police inspector facing corruption charges.

The case arose from an RTI application filed by Kamta Prasad Mishra, a police inspector who was allegedly caught red-handed accepting a bribe of ₹10,000. A case was registered against him by the SPE under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

Following investigation and the grant of sanction for prosecution by the competent authority, a chargesheet was filed before the special court at Katni.

Meanwhile, Mishra sought copies of certain documents, including file notings and correspondence relating to the decision to grant sanction for his prosecution. An earlier request for the same documents had been denied while the sanction process was underway.

After sanction was granted, Mishra again sought the documents under the RTI Act.

His request was rejected by the Public Information Officer on August 17, 2020, on the ground that the SPE was exempt from the RTI Act by virtue of the 2011 notification.

His second appeal was also rejected in December 2020, with the authorities relying on Section 8(1)(h) of the RTI Act, which exempts information whose disclosure could impede investigation or prosecution.

Mishra then approached the Madhya Pradesh High Court.

In December 2021, the High Court quashed the orders rejecting his RTI request and directed the authorities to furnish the information sought.

Aggrieved by the High Court's ruling, the SPE moved the Supreme Court, arguing that the High Court had failed to consider an August 25, 2011 notification exempting it from the RTI Act and had erred in directing disclosure.

The Supreme Court, however, has now found the notification to be excessive and set it aside.

Advocate Nishant Ramakantrao Katneshwarkar appeared for the SPE (petitioner).

Advocates Rajeev Singh and Harmeet Singh Ruprah represented the respondents.