Special Police Establishment Cannot Claim RTI Exemption as Intelligence or Security Organisation: Supreme Court
Case Name: Special Police Establishment v. Kamta Prasad Mishra and Others
Citation: 2026 INSC 644
Date of Judgment/Order: 15 June 2026
Bench: J.K. Maheshwari, J. and Atul S. Chandurkar, J.
Held: The Supreme Court held that the Madhya Pradesh Special Police Establishment of the Lokayukt Organisation cannot be excluded from the Right to Information Act, 2005 under Section 24(4) merely by treating it as an “intelligence and security organisation”. The Court held that Section 24(4) permits exemption only for intelligence and security organisations established by the State Government, and the SPE, being an anti-corruption investigative agency constituted to investigate offences under the Prevention of Corruption Act and specified IPC offences, does not fall within that category. The Court further held that a subordinate notification which travels beyond the parent statute or does not conform to the enabling provision can be struck down, even if its validity was not specifically challenged earlier, provided the State is given full opportunity to justify it.
Summary: The first respondent, a Town Inspector implicated in a trap case under the Prevention of Corruption Act, sought information under the RTI Act regarding the decision-making process by which sanction for his prosecution was granted, along with communications exchanged with the Lokayukt. The State Information Commission rejected the request by invoking Section 8(1)(h), but the Madhya Pradesh High Court directed disclosure after finding that investigation was complete and the information could not be denied on that ground. Before the Supreme Court, the Special Police Establishment relied on the Madhya Pradesh Government Notification dated 25.08.2011, issued under Section 24(4) of the RTI Act, claiming that the SPE stood exempt from the Act. The Supreme Court examined whether the SPE could legally be treated as an intelligence and security organisation, considered the scope of suo motu examination of subordinate legislation, and held that although such scrutiny must be rare and cautious, it was permissible here because the notification was relied upon before the Court and the State was given full opportunity to defend it. The Court concluded that the Lokayukt and SPE are bodies concerned with prevention and investigation of corruption, not intelligence or security functions.
Decision: The Supreme Court dismissed the criminal appeal and maintained the Madhya Pradesh High Court’s judgment dated 20.12.2021 directing supply of information sought by the first respondent. The Court struck down the Notification dated 25.08.2011 issued by the General Administration Department, Madhya Pradesh, to the extent it sought to exclude the Special Police Establishment from the applicability of the RTI Act. The Court clarified that it had not examined the validity or applicability of the notification in relation to the State Bureau of Investigation of Economic Offences, and therefore the notification would continue to operate to that extent. Pending interlocutory applications were disposed of.