Can the state government keep an investigative agency outside the purview of the Right to Information (RTI) Act merely by issuing a notification? The Supreme Court has recently delivered a landmark judgment adopting a clear and strict stance on this important question.
What was the case?
The case pertains to Madhya Pradesh. A former Town Inspector, who was accused in a corruption case (a trap case), had sought information under the RTI Act regarding the process of granting sanction for his investigation and prosecution
Supreme Court's Decision
The bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar clarified that an organization does not become an 'intelligence and security' organization merely by the government issuing a 'notification'
The Court highlighted the following important points in its judgment:
Importance of Definition: Section 24(4) of the RTI Act only exempts those organizations that are related to 'intelligence and security.' The work of the SPE is limited to investigating corruption and certain specific criminal cases, not work related to intelligence or national security
. Notification Quashed: The Court declared the notification dated August 25, 2011, as 'bad in law' and quashed it, under which the SPE was kept outside the purview of the RTI
. Constitutional Responsibility: The Court stated that the RTI Act is a fundamental right of citizens and it cannot be arbitrarily limited by any government agency
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Conclusion: The Court clarified that the SPE must comply with the RTI Act and provide the requested information to the petitioner. (Note: The Court clarified that this judgment applies only to the SPE; its effectiveness on the state's 'Economic Offences Investigation Bureau' has not been examined)
Case Details
Case: Special Police Establishment vs. Kamta Prasad Mishra
Date of Judgment: June 15, 2026
Judges: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Main Issue: Validity of the state government's notification under Section 24(4) of the RTI Act and the definition of 'intelligence and security' organizations
. Impact: Now, anti-corruption investigative agencies cannot claim to be outside the purview of the RTI without a solid basis
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Question for our readers:
Do you believe that investigative agencies involved in corruption cases should be completely excluded from the purview of the RTI, or should they be obligated to provide information to ensure transparency? Please share your opinion in the comments below.
