STATE OF MADHYA PRADESH Vs. KAMTA PRASAD MISHRA

JUDGEMENT

(1.) The petitioner, Special Police Establishment, Lokayukta has approached this court against the order dtd. 12/1/2021 (Annexure P- 7), whereby, appeal preferred by respondent No.1 has been allowed by the State Information Commission directing the petitioner to furnish certain information to respondent No.1.

(2.) The case of the petitioner is that on account of an offence registered against respondent No.1, an investigation was conducted by the petitioner-Organization and a final report has been submitted before the Special Judge, Katni and the trial is still pending. The respondent No.1 filed an application under the provisions of Right to Information Act, 2005 (for short "Act of 2005), wherein, communications made by the Special Judge, Katni to the petitioner/ organization and some other correspondence in this regard were demanded. The application of respondent No.1 was rejected vide order dtd. 20/7/2020 by the Information Officer relying on circular dtd. 25/8/2011 (Annexure P/8),wherein, petitioner-Organization is exempted under sec. 24(4) of the Act of 2005. The respondent No.1 preferred First Appeal which was also rejected by the First Appellate Authority vide order dtd. 28/8/2020. Against the said order, he preferred Second Appeal before the State Information Commission. The State Information Commission allowed the appeal of respondent No.1 and has directed the petitioner to furnish the desired information to the respondent No.1, hence this petition is filed by the petitioner.

(3.) Learned counsel for the petitioner submits that the impugned order is erroneous, inasmuch, as it does not consider the circular dtd. 25/8/2011. According to him, confidential documents cannot be provided under the Act of 2005 and respondent No.1 is always at liberty to exercise the power under Sec. 91 of the Cr.P.C for summoning all the documents at appropriate stage of the trial.