Supreme Court Nullifies Madhya Pradesh Exemption Notification Under RTI Act, Lokayukta Organisation's Exemption Deemed Invalid Due to Lack of Evidence as an Intelligence Entity
In a significant ruling, the Supreme Court of India has invalidated the Madhya Pradesh government's notification exempting the Madhya Pradesh Special Police Establishment of the Lokayukta Organisation from the Right to Information (RTI) Act, 2005. The court found the notification contrary to the provisions of the RTI Act, specifically Sections 24(1) and 24(4), due to the absence of evidence proving the Lokayukta as an intelligence or security organisation.
The case arose from an appeal by the Special Police Establishment, challenging a decision by the Madhya Pradesh High Court. The High Court had quashed orders by the Assistant Public Information Officer and the Chief Information Commissioner, which denied information requests based on the exemption. The High Court directed the respondents to provide the requested information within 30 days and imposed a cost of Rs. 5,000.
The Supreme Court, comprising Justices J.K. Maheshwari and Atul S. Chandurkar, scrutinised the applicability of the RTI Act's exemptions. It highlighted that under Section 24(4) of the RTI Act, exemptions apply to organisations established by the State Government only if they are notified in the Official Gazette as intelligence or security organisations. The Court observed that no evidence was presented to classify the Lokayukta as such an entity, rendering the exemption notification dated August 25, 2011, without legal backing.
The judgment also drew attention to the repeated non-appearance of State counsels in the Supreme Court, highlighting it as a serious concern. The Court referred this issue to the Chief Secretary, Advocate General, and Law Secretary of Madhya Pradesh, urging a review of the panel of advocates representing the State in the Supreme Court.
The Court has scheduled the next hearing for May 20, 2026, and has requested the Advocate General of Madhya Pradesh to clarify the status of the Lokayukta under the RTI Act. The Advocate General has been given the liberty to present arguments virtually, with the Court emphasizing the need for a clear stance from the State.
This ruling underscores the Supreme Court's commitment to transparency and accountability, reinforcing the importance of evidence-based classifications for exemptions under the RTI Act.
Bottom Line:
Right to Information Act, 2005 - Notification exempting Madhya Pradesh Special Police Establishment of Lokayukta Organisation under Section 24(4) of RTI Act found to be contrary to law due to absence of evidence proving it as an intelligence or security organisation.
Statutory provision(s): Right to Information Act, 2005, Sections 24(1) and 24(4)
Special Police Establishment v. Kamta Prasad Mishra, (SC) : Law Finder Doc id # 2902743
