Details Contained In Delhi Police Special Branch Manual Confidential, Exempted From Disclosure Under RTI Act: High Court
The Delhi High Court has ruled that the details contained in Delhi Police's Special Branch Manual is confidential in nature and is exempted from disclosure under the Right to Information Act, 2005.Justice Sanjeev Narula said that by virtue of the confidential nature, the details cannot be brought into the public domain.“While the RTI Act is intended to promote transparency and...
The Delhi High Court has ruled that the details contained in Delhi Police's Special Branch Manual is confidential in nature and is exempted from disclosure under the Right to Information Act, 2005.
Justice Sanjeev Narula said that by virtue of the confidential nature, the details cannot be brought into the public domain.
“While the RTI Act is intended to promote transparency and accountability, the Court must be equally mindful of protecting sensitive information that could jeopardize national security,” the Court said.
Justice Narula was dealing with a plea moved by one Harkishandas Nijhawan seeking a certified copy of the Special Branch Manual which outlined the procedural norms for passport verification. Nijhawan had sought the certified copy of the Complete Special Branch Manual with all Annexures or Latest Rulings or Notifications on Passport.
“The Court is cognizant of the public interest in knowing the operational framework governing such verifications; however, it must be balanced with the State's interest in safeguarding security-related procedures. The information linked to national security, or which could potentially impede enforcement operations, cannot be disclosed under the RTI Act,” the Court said.
It added that the operational manuals detailing sensitive protocols fall within the realm of information which is inherently confidential and the information concerning law enforcement operations, especially those involving national security considerations, falls under the purview of Section 8(1)(a) of the RTI Act.
“Thus, the manual sets forth the procedure by which verification reports are obtained from various confidential sources, and the disclosure of these internal processes would undermine the confidentiality essential to such operations. In this context, it becomes evident that the sensitive nature of the information — especially regarding sources and methods used in character verification — falls squarely within the exemptions provided under Section 8(1)(a),” the Court said.
It added that disclosing such information would not only compromise the functioning of the Special Branch but could also jeopardize ongoing and future investigations.
Justice Narula upheld the decision of the Central Information Commission (CIC) to exempt the disclosure of the “classified information” under the RTI Act.
While dismissing the petition, the Court acknowledged Nijhawan's interest in seeking transparency in government operations but the need to protect sensitive information that could compromise national security and law enforcement procedures must also be borne in mind.
Title: HARKISHANDAS NIJHAWAN v. CPIO, SPECIAL BRANCH OF DELHI POLICE & ANR.
Citation: 2024 LiveLaw (Del) 1153