VidhiSangh

Supreme Court of India · 15/06/2026

SPECIAL POLICE ESTABLISHMENT versus KAMTA PRASAD MISHRA AND OTHERS

[2026] 7 S.C.R. 113 · 2026 INSC 644

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Summary

The Supreme Court struck down the Madhya Pradesh notification of 25.08.2011, issued under Section 24(4) of the RTI Act, 2005, to the extent it excluded the Madhya Pradesh Special Police Establishment of the Lokayukt Organisation from the Act. The SPE can investigate only corruption-related offences and is not an 'intelligence and security' organisation. The Court upheld the High Court's direction to supply a public servant with information on the grant of sanction for his prosecution.

Issues

  1. Whether the Madhya Pradesh Special Police Establishment of the Lokayukt Organisation is an 'intelligence and security' organisation that the State may exempt from the RTI Act under Section 24(4).
  2. Whether the Court could examine the validity of the notification of 25.08.2011 although the first respondent had not challenged it before the High Court.
  3. Whether the High Court rightly directed the appellant to supply information on the process of granting sanction for the first respondent's prosecution.

Provisions considered

Held

Result

Appeal dismissed; the High Court's judgment directing supply of the information maintained; the notification of 25.08.2011 struck down so far as it excludes the Madhya Pradesh SPE of the Lokayukt Organisation from the RTI Act, while continuing to operate as regards the State Bureau of Investigation of Economic Offences.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 113.