Delhi High Court affirms that sensitive information cannot be disclosed under the RTI Act.
The Delhi High Court has ruled that the Special Branch manual, which includes sensitive and confidential information, is exempt from disclosure under the Right To Information (RTI) Act.
The court emphasized that revealing such information would not only disrupt the operations of the Special Branch of Delhi Police but also jeopardize ongoing and future investigations. This disclosure falls under the category of ‘exempted information’ as per the RTI Act.
Justice Sanjeev Narula dismissed a petition requesting the release of a certified copy of the complete Special Branch manual, including all annexures and recent updates on passport verification as of February 3, 2016.
The court stated, “In the opinion of the court, the details contained in the Special Branch Manual, by virtue of their confidential nature, cannot be made public.”
The High Court further noted that the procedures contained in the manual are operationally sensitive and could reveal tactical insights into law enforcement operations, risking the integrity of these processes.
The ruling acknowledged that the reliance on Section 8(1)(a) of the RTI Act by the Special Branch of Delhi Police, to deny this information request, was justified.
The court reinforced that the disclosure of such sensitive information would compromise the functioning of the Special Branch and could endanger investigations. The decision by the Central Information Commission (CIC) to exempt this classified information under the RTI Act was deemed well-founded.
In 2016, petitioner Harkishan Das Nijhawan requested various details from the Special Branch, including a certified copy of the manual outlining passport verification procedures. While other queries were addressed, the authorities invoked RTI exemptions to deny the request for the manual.
After appealing to higher authorities and the CIC, which upheld the classification of the information, Nijhawan sought recourse in the high court.
Section 8(1)(a) of the RTI Act permits authorities to withhold information that may harm India’s sovereignty, security, or strategic interests.
While the Court recognized Nijhawan’s desire for transparency in government operations, it underscored the necessity of protecting sensitive information vital to national security and law enforcement processes.
Although there is a public interest in understanding the framework governing passport verification, this must be balanced against the state’s need to safeguard security measures.
“Information related to national security or that could interfere with enforcement operations cannot be disclosed under the RTI Act. Operational manuals that detail sensitive protocols fall under confidential information categories,” the Court stated.
The court pointed out that the manual delineates steps for character and antecedent verification of passport applicants, a process requiring confidentiality to maintain law enforcement’s integrity.
The manual comprises specific methods employed by the Special Branch to verify personal details and background information, which are inherently classified due to the nature of their work.
Published – October 20, 2024 03:49 pm IST
