Holding that Special Police Establishment (SPE) of the Lokayukta is not an ‘Intelligence and Security Organisation’, the Supreme Court has said that it’s not exempt from Right to Information (RTI) Act, 2005.
A bench of Justice JK Maheshwari and Justice AS Chandurkar struck down the Madhya Pradesh Government’ 2011 notification exempting the Lokayukta’s SPE from disclosing information under the RTI Act.
The bench said SPE — which probes complaints of corruption, cheating, bribery, and misuse of public office by government servants in the state — cannot be classified as an “intelligence and security organisation” under Section 24(4) of the RTI Act, 2005, and therefore cannot be granted blanket exemption from the Act.
“The statutory scheme under which SPE stands constituted, coupled with the jurisdiction conferred on the Lokayukta or Up-Lokayukta, clearly indicates that the SPE cannot be termed to be an ‘intelligence and security’ organisation when it assists the Lokayukta or Up-Lokayukta in matters specified by Section 7 of the Act of 1981,” the top court noted on Monday.
Kamta Prasad Mishra, a Town Inspector in Katni facing a corruption trap case registered by SPE in 2017, filed an RTI seeking details of the decision-making process behind the 2020 sanction order for his prosecution and related communication.
The state authorities and State Information Commission denied him the information, citing Section 8(1)(h) of the RTI Act that exempted disclosure of information that could impede investigation or prosecution.
However, the Madhya Pradesh High Court directed the authorities to furnish information sought by Mishra, noting that the investigation had already been completed and a chargesheet filed.
While deciding SPE’s appeal against that high court’s decision, the Supreme Court said although Section 24(4) of the RTI Act exempted ‘intelligence and security organisations’ established by the state government, SPE cannot investigate any offences or classes of offences related to ‘intelligence’ and ‘security’.
The top court examined the notification issued by Madhya Pradesh General Administration Department on August 25, 2011, under Section 24(4) of the RTI Act which purported to exclude SPE and State Bureau of Investigation of Economic Offences from the purview of the RTI Act.
The top court upheld the high court’s verdict, it held that the notification, insofar as it excluded SPE from the RTI Act, was invalid and excessive in nature. The 2011 notification sought to extend the exemption beyond what was authorised by the RTI Act and therefore failed to conform to the parent Act, it noted.
