Live Law: Mumbai: Saturday, May 05, 2018.
The Bombay
High Court has ruled that the Police Manual is a public document, upholding a
direction to upload the same on the Police website.
The
Applicant, Mr. Kaustubh Gharat of Praja Foundation had sought copies of Police
Manual in English and Marathi under the Right to Information Act from the
office of the Director General of Police, Maharashtra State. His application
was, however, rejected citing Section 8(1)(g) of the Act.
Section
8(1)(g) exempts from disclosure information which would “endanger the life of
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security purposes”.
While his
first appeal was also rejected, the Chief Information Commissioner had, in his
second appeal, directed copies of the police manual to be provided to him. It
had further directed that it be uploaded on the website of the Maharashtra
Police. The High Court was now hearing an appeal filed by the Mumbai Police
challenging this order.
Dismissing
this appeal, the Bench comprising Justice Ranjit More and Justice Sadhana S.
Jadhav observed that the Police Manual is in fact a public document under the
RTI Act, and ruled, “Respondent No. 2 in the present case is not seeking any
information as contemplated under section 8(1) (e), (g) and (h). Police Manual
cannot be equated with the information and therefore, there is no impediment in
giving copies thereof to him. Sub-section 8(2) has no application in the
present facts and circumstances of the case. Judicial note can be taken of the
fact that police manual is Government publication and copies of same are easily
available. We, therefore, do not find any error in the impugned order.”
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