Delhi Police's Special Branch Manual Confidential, Exempt From RTI Disclosure: Delhi High Court

This ruling came in response to a petition which sought a certified copy of the Special Branch Manual, specifically regarding the procedural guidelines for passport verification. It requested access to the complete manual, including all annexures, latest rulings, and notifications related to passport procedures.

A Bench of Justice Sanjeev Narula emphasized that the confidential nature of the manual prevents its details from being made public. The Court noted, “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 acknowledged the public's interest in understanding the operational framework behind such verifications but stressed the necessity of balancing this interest with the state's obligation to safeguard security-related processes. The Court said, “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.”

Furthermore, the Court elaborated, “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 ruling underscored that the manual outlines the procedures for obtaining verification reports from various confidential sources. Disclosing these internal processes would compromise the confidentiality essential to such operations. The Court affirmed that the sensitive nature of the information—particularly regarding sources and methods utilized in character verification—fits squarely within the exemptions outlined in Section 8(1)(a).

The Court noted that revealing such information could not only impair the functioning of the Special Branch but could also endanger ongoing and future investigations.

Consequently, the Court upheld the Central Information Commission's (CIC) decision to exempt the release of this “classified information” under the RTI Act.

Cause Title: Harkishandas Nijhawan v. CPIO, Special branch of Delhi Police & Anr., [2024:DHC:8031]

Appearance:

Respondents: ASC Hetu Arora Sethi, Advocate Siddharth Agarwal