VIJAY GOPAL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Petitioner sought copies of Government Orders and Preventive Detention Orders issued by the 3rd respondent - Hyderabad Police Commissioner. He states that Special Branch of Hyderabad Police, under the direction of the Joint Commissioner of Police (Special Branch), refused to provide the requested information on 13/9/2023, citing GO. Ms. No. 667, dtd. 3/9/2007, impugned in this Writ Petition, issued by the 1st respondent - General Administration Department of the erstwhile Andhra Pradesh Government, which petitioner argues is contrary to the mandate of law.

(2.) Sri Vijay Gopal, petitioner- party-in-person submits that Sec. 24(2) of the Act only exempts "Intelligence" and "Security" agencies from the scope of the Act, subject to Section 24(5), and thus the Government Order issued by the 1st respondent is invalid as it was not placed before the State Legislature, making it an illegal executive order. It is submitted that when a central legislation mandates that certain information be made public, State cannot circumvent such a mandate through an executive order. According to petitioner, Secs. 41C(2) and (3) of the Criminal Procedure Code, 1973 mandates that prisoner-related information must be made public, further obligating the State to comply with this public disclosure requirement. The impugned GO is a sweeping order that contravenes law and exceeds the legal competence of the State. Petitioner claims that the said GO violates their Fundamental Right under Article 14 and also Ultra Vires Article 254(2) of the Constitution. Failure to make Government Orders available on the official website of the State, in violation of the Court's orders in W.P. (PIL) No. 93 of 2021, further highlights the disregard for judicial directives by the Respondents.

(3.) The 3rd respondent - Commissioner of Police states that petitioner's request for specific information related to individuals detained under the Prevention of Detention Act from 02.06.2014 to 2023 was rejected through letter dated 23.05.2023 informing that P.D. Act Cell is part of the Special Branch, Hyderabad City, which is exempted from disclosing information under the RTI Act as per G.O.Ms.No.667, General Administration (GPM and AR) Department, dated 03.09.2007. The said G.O. specifically exempts certain organizations, including all Special Branches from the purview of the Act. It outlines that intelligence and security organizations such as the State Intelligence Department, Greyhounds, APSP, SPF, SARCPL, and all District Special Branches under the control of Superintendents of Police are not obligated to disclose information under the Act. The Special Branch's records are confidential and cannot be shared with petitioner. In the Appeal preferred to the government, petitioner was informed through letter dated 13.09.2023 that all records and correspondence regarding preventive detention under the P.D. Act are confidential and handled by the Special Branch, which, as per G.O.Ms. No. 667, General Administration (GPM and AR) Department, dated 03.09.2007, is exempt from disclosing any information under the RTI Act. The petitioner was also provided with a copy of the G.O. Rather than proceeding with the Second Appeal under Section 19(3), he filed the current Writ Petition, levelling baseless allegations. It is contended that Writ Petition should not be entertained as petitioner failed to follow the proper appellate procedure under the Act.