Supreme Court Strikes Down MP Government’s RTI Exemption for Lokayukta SPE, Calls Notification Illegal

June 15, 2026 : The Supreme Court has declared illegal a Madhya Pradesh government notification issued on August 25, 2011, that exempted the Lokayukta’s Special Police Establishment (SPE) from the ambit of the Right to Information (RTI) Act. The Court held that the state government had exceeded its statutory powers by granting a blanket exemption to the anti-corruption investigating agency.

A Bench comprising Justice SVN Bhatti and Justice Atul S. Chandurkar observed that the notification went beyond the limits permitted under law and was excessively broad in nature. The judges ruled that the exemption could not be sustained as it failed to conform to the framework of the RTI Act.

The notification had been issued under Section 24(4) of the RTI Act, a provision that allows state governments to exempt specified intelligence and security organisations from the transparency law. However, the Court found that extending such protection to the SPE through a sweeping exemption was legally untenable.

The case stemmed from a challenge filed by the SPE against a Madhya Pradesh High Court order directing disclosure of information sought by police inspector Kamta Prasad Mishra under the RTI Act. Mishra was facing corruption charges after allegedly being caught accepting a bribe of ₹10,000. Following an investigation by the SPE, sanction for prosecution was granted and a charge sheet was filed before a Special Court in Katni.

After the sanction was granted, Mishra sought copies of records and official correspondence related to the decision approving his prosecution. His RTI application was rejected by the Public Information Officer in August 2020 on the basis of the 2011 notification exempting the SPE from the RTI Act. His subsequent appeal was also dismissed, with authorities additionally citing Section 8(1)(h) of the RTI Act, which permits withholding information if disclosure could impede investigation or prosecution.

Mishra then approached the Madhya Pradesh High Court, which in December 2021 quashed the rejection orders and directed the authorities to provide the requested information. The Supreme Court has now affirmed the High Court’s decision and invalidated the state government notification, reinforcing the principle that exemptions from transparency laws must remain within the limits prescribed by statute.