In a major ruling on transparency, the Supreme Court struck down the MP Lokayukt SPE RTI exemption created through a 2011 Madhya Pradesh notification. The Court also upheld a High Court order directing authorities to disclose information sought under the Right to Information (RTI) Act by a police officer facing corruption charges.
A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar delivered the judgment on June 15, 2026, in Special Police Establishment v. Kamta Prasad Mishra and Others (Criminal Appeal No. 3743 of 2024). Justice Atul S. Chandurkar authored the verdict.
Background of the case
Kamta Prasad Mishra served as the Town Inspector of Madhav Nagar Police Station in Katni. The Special Police Establishment (SPE), Bhopal, named him in a trap case under the Prevention of Corruption Act, 1988.
Authorities registered an FIR on April 11, 2017. The State Home Department approved prosecution on May 20, 2020. Mishra later filed an RTI application seeking details about the decision-making process behind the prosecution sanction and related communications.
Officials rejected his request. He appealed before the State Information Commission, but it dismissed his plea on December 16, 2020. The Commission relied on Section 8(1)(h) of the RTI Act, which protects information that may hinder an investigation or prosecution.
Mishra then approached the Madhya Pradesh High Court. The High Court ruled that the investigation had already ended and ordered authorities to provide the requested information within 30 days. It also imposed costs of ₹5,000. The SPE challenged that order before the Supreme Court.
Arguments before the Supreme Court
Counsel for the SPE argued that Section 8(1)(h) barred disclosure because sharing the information could affect criminal proceedings.
The appellant also relied on an August 25, 2011 notification issued under Section 24(4) of the RTI Act. The notification excluded the Madhya Pradesh Special Police Establishment of the Lokayukt Organisation from the RTI Act.
Mishra’s counsel argued that investigators had already completed the probe and filed the chargesheet. He stated that the requested documents only explained how authorities granted prosecution sanction and would not interfere with the case.
The State of Madhya Pradesh defended the notification. It argued that the Lokayukt investigates corruption and misconduct by public servants. The State also claimed that the SPE functions as the Lokayukt’s investigative wing and deserved similar protection.
Court examines the notification
During the hearing, the Supreme Court questioned whether the SPE qualified as an “intelligence and security organisation” under Section 24(4) of the RTI Act.
Although Mishra had not directly challenged the 2011 notification, the Court decided to examine its validity because the SPE relied on it during the appeal. The Bench noted that constitutional courts may review subordinate legislation in exceptional situations after giving the State an opportunity to defend it.
Court’s analysis
The Bench observed that Sections 24(1) and 24(4) exempt only intelligence and security organisations established by the Central or State Governments.
The Court compared the SPE with agencies listed in the RTI Act’s Second Schedule, including the Directorate of Enforcement, Border Security Force, Central Reserve Police Force, Central Industrial Security Force, and National Investigation Agency. These organisations primarily perform intelligence or security functions.
The Court found that the SPE has a much narrower role. It investigates offences under the Prevention of Corruption Act, certain IPC provisions, and related conspiracies involving public servants.
The Bench concluded that neither the Lokayukt nor the SPE handles intelligence or national security matters. Therefore, the organisation cannot claim exemption under Section 24(4).
The Court stated that the SPE’s limited investigative powers prevent it from being classified as an intelligence or security organisation under the RTI Act.
Final ruling
The Supreme Court declared that the MP Lokayukt SPE RTI exemption under the August 25, 2011 notification exceeded the powers granted by Section 24(4) of the RTI Act and was legally invalid.
The Court:
- Upheld the Madhya Pradesh High Court’s December 20, 2021 judgment.
- Struck down the 2011 notification to the extent that it exempted the SPE from the RTI Act.
- Clarified that it did not examine the notification’s validity regarding the State Bureau of Investigation of Economic Offences.
- Dismissed the criminal appeal along with all pending interlocutory applications.
