The Madhya Pradesh Special Police Establishment (Lokayukt) is not an “intelligence and security organisation” under S.24(4) RTI Act; therefore, a notification granting blanket RTI exemption to it is ultra vires and information cannot be denied on that basis.

on

Facts

The respondent, a police officer prosecuted under the Prevention of Corruption Act, 1988, sought information under the RTI Act regarding the process of grant of sanction for his prosecution. The request was rejected by relying on S.8(1)(h) RTI Act and a State Government Notification dated 25.08.2011 issued under S.24(4) RTI Act, exempting the Madhya Pradesh Special Police Establishment (SPE/Lokayukt Organisation) from the Act. The High Court directed disclosure of the information. The SPE appealed.

Issues Framed

(a) Whether the Notification dated 25.08.2011 issued under S.24(4) RTI Act exempting the SPE from the RTI Act was valid.

(b) Whether the Court could examine the validity of the Notification despite no specific challenge to it.

(c) Whether the information sought could be denied under S.8(1)(h) RTI Act.

Court’s Reasoning

(a) Validity of Notification dated 25.08.2011

The Court held that S.24(4) RTI Act applies only to “intelligence and security organisations” established by the State Government. Examining the statutory scheme and the organisations listed in the Second Schedule, the Court observed that such bodies are specifically concerned with intelligence gathering and security functions. The SPE, however, merely investigates corruption and specified criminal offences and does not perform intelligence or security functions. Therefore, it could not be treated as an “intelligence and security organisation.” Paras 13–20.

(b) Suo motu examination of validity

The Court held that where the validity of subordinate legislation directly arises in the proceedings and the State is given full opportunity to defend it, the Court may examine its validity even without a specific pleading challenging it. Paras 8–15.

(c) RTI Disclosure

Since the exemption Notification itself could not be sustained, the SPE could not rely upon it to deny information. The Court affirmed the High Court’s direction requiring disclosure of the information sought by the respondent.

Held

The appeal was dismissed. The Notification dated 25.08.2011 granting RTI exemption to the Madhya Pradesh SPE/Lokayukt Organisation was held beyond the scope of S.24(4) RTI Act, and the information sought by the respondent was directed to be supplied.

Ratio

An organisation investigating corruption offences cannot claim exemption under S.24(4) RTI Act unless it is genuinely an “intelligence and security organisation”; a notification extending such exemption beyond the scope of the parent statute is ultra vires. 

Case Details

Citation: 2026 INSC 644
Decided on: 2026
Case Title: Special Police Establishment v. Kamta Prasad Mishra & Ors.
Court: Supreme Court of India
Bench: J.K. Maheshwari, J.; Atul S. Chandurkar, J.