The Karnataka High Court last week refused to allow the furnishing of a passport copy to a third party under the Right to Information (RTI) Act after a man sought it along with details of a lookout circular issued for a person accused of cheque dishonour, as well as records of his detention and release.
Prakash Sheth approached the court after his RTI application for the details was rejected and his appeal against the public information officer’s decision was unsuccessful.
The accused in the case was allegedly detained and released from Mumbai airport on December 1, 2023, after a lookout circular was issued for him.
In an order issued on October 16 and made public recently, a bench consisting of Justice Suraj Govindaraj observed that the matter pertained to the special branch of the police.
“Nothing contained in the RTI Act would apply to such an intelligence and security organization being organized and established by the State Government, as the government may from time to time by notification in the official gazette…there is a notification which has been issued exempting the special branches of the District Police Officers in terms of Subsection (4) of Section 24, the RTI Act would not be applicable,” the order read.
The bench said the element of privacy had to be taken into account along with the risk to life.
“The details of a passport are private to a person, and if those details of a passport are made available to any third party, including the petitioner who has filed Section 138 of NI Act proceedings, it could cause a danger to the life or physical safety of the concerned person,” it added.
Story continues below this ad
Sheth filed a complaint under the Negotiable Instruments Act in 2022 in Dakshina Kannada district’s Puttur.
While dismissing the petition, the bench also observed that the petitioner could apply for the documents during the proceedings of the cheque dishonour case itself, while adding that it was not expressing an opinion on the merits of that case.