Supreme Court Strikes Down Exclusion of Madhya Pradesh SPE from RTI Act's Purview, Supreme Court rules that Madhya Pradesh Special Police Establishment is not an 'intelligence and security' organization, cannot be exempt from RTI Act under Section 24(4)
In a landmark decision, the Supreme Court of India has ruled against the exclusion of the Madhya Pradesh Special Police Establishment (SPE) from the Right to Information (RTI) Act, 2005. The court determined that the SPE cannot be classified as an 'intelligence and security' organization, and thus, its exclusion from the RTI Act via a state government notification dated August 25, 2011, is invalid.
The ruling came in response to a criminal appeal filed by the Special Police Establishment, challenging a Madhya Pradesh High Court order that directed the SPE to provide information about the process of sanctioning prosecution under the Prevention of Corruption Act, 1988. The High Court had found that the investigation was complete, and thus, the requested information could not be withheld under Section 8(1)(h) of the RTI Act.
The Supreme Court, led by Justices J.K. Maheshwari and Atul S. Chandurkar, upheld the High Court's decision and further examined the validity of the notification that sought to exempt the SPE from the RTI Act. The court concluded that the SPE does not qualify as an 'intelligence and security' organization as it primarily investigates corruption and related offenses, not matters of intelligence and security.
The court also highlighted that subordinate legislation, like the notification in question, does not enjoy the same immunity as plenary legislation and can be struck down if it exceeds the scope of the enabling statute. The SPE's jurisdiction is limited to investigating offenses under the Prevention of Corruption Act and sections of the Indian Penal Code related to public servants, which do not fall under intelligence or security functions.
This decision reinforces the RTI Act's mandate for transparency and accountability in government operations, emphasizing that agencies involved in anti-corruption activities cannot claim exemptions meant for intelligence and security organizations.
Statutory provision(s): Right to Information Act, 2005 Sections 8(1)(h), 24(4); Prevention of Corruption Act, 1988; Indian Penal Code Sections 409, 420, and Chapter XVIII
Special Police Establishment v. Kamta Prasad Mishra, (SC) : Law Finder Doc id # 2924372
