The Delhi High Court held that information contained in the Special Branch manual, which is sensitive and confidential, cannot be made public under the Right to Information (RTI) Act.

The high court stated that revealing such information would not only undermine the operations of the Special Branch of the Delhi Police but could also jeopardize ongoing and future investigations. The court noted that this information falls under the category of 'exempted information' as defined by the RTI Act.

The bench headed by Justice Sanjeev Narula rejects a petition that sought access to the certified copy of the complete Special Branch manual, along with all annexures, latest rulings, and notifications regarding passport verification as of February 3, 2016, under the RTI Act.

"In the opinion of the court, the details contained in the Special Branch Manual, by virtue of their confidential nature, cannot be brought into public domain.

"Such procedures, while operational in nature, may also reveal tactical insights into how law enforcement agencies function in sensitive areas, and their disclosure could compromise the integrity of such processes," the high court said.

The court also observed that, due to the confidential nature of these procedures, it found the Special Branch of Delhi Police's reliance on Section 8(1)(a) of the RTI Act to deny the requested information to be "justified."

"Disclosing such information will not only compromise the functioning of the Special Branch, but could also jeopardise ongoing and future investigations. Thus, the decision of the CIC to exempt the disclosure of this classified information under the RTI Act is well-founded and justified," it said.

Case Brief:

In his 2016 RTI application, petitioner named Harkishan Das Nijhawan requested several details from the Special Branch, including a certified copy of its manual outlining procedural norms for passport verification. While the authorities responded to all other queries, they denied access to the Special Branch manual, citing exemptions under the RTI Act.

Nijhawan challenged this denial before appellate authorities and subsequently approached the Central Information Commission (CIC), which also determined that the information sought was classified and exempt from disclosure under the RTI provisions. Following this, he moved to the high court to contest the CIC's ruling.

Under Section 8(1)(a) of the RTI Act, authorities are exempt from providing information that could threaten India's sovereignty and integrity, state security, or the strategic, scientific, or economic interests of the nation.

The court recognized the petitioner’s interest in promoting transparency in government operations but emphasized the necessity of protecting sensitive information that could compromise national security and law enforcement. While acknowledging the public's interest in understanding the operational framework for passport verification, the court stressed the importance of balancing this interest with the state's need to safeguard security-related procedures.

"Information linked to national security, or which could potentially impede enforcement operations, cannot be disclosed under the RTI Act. The operational manuals detailing sensitive protocols fall within the realm of information that is inherently confidential.

"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," it said.

The court further noted that the manual details the procedures for conducting character and antecedent verification of passport applicants, emphasizing that this process must remain confidential to maintain the integrity of law enforcement operations. It stated that the manual contains specific steps and methods used by the Special Branch to verify personal details and background information, all of which are classified and treated as confidential due to the sensitive nature of the work.