The Karnataka Excessive Court docket final week refused to permit the furnishing of a passport copy to a 3rd social gathering underneath the Proper to Data (RTI) Act after a person sought it together with particulars of a lookout round issued for an individual accused of cheque dishonour, in addition to information of his detention and launch.
Prakash Sheth approached the courtroom after his RTI utility for the small print was rejected and his attraction towards the general public info officer’s resolution was unsuccessful.
The accused within the case was allegedly detained and launched from Mumbai airport on December 1, 2023, after a lookout round was issued for him.
In an order issued on October 16 and made public not too long ago, a bench consisting of Justice Suraj Govindaraj noticed that the matter pertained to the particular department of the police.
“Nothing contained within the RTI Act would apply to such an intelligence and safety group being organized and established by the State Authorities, as the federal government could occasionally by notification within the official gazette…there’s a notification which has been issued exempting the particular branches of the District Police Officers when it comes to Subsection (4) of Part 24, the RTI Act wouldn’t be relevant,” the order learn.
The bench stated the factor of privateness needed to be taken into consideration together with the danger to life.
“The small print of a passport are personal to an individual, and if these particulars of a passport are made obtainable to any third social gathering, together with the petitioner who has filed Part 138 of NI Act proceedings, it might trigger a hazard to the life or bodily security of the involved particular person,” it added.
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Sheth filed a grievance underneath the Negotiable Devices Act in 2022 in Dakshina Kannada district’s Puttur.
Whereas dismissing the petition, the bench additionally noticed that the petitioner might apply for the paperwork through the proceedings of the cheque dishonour case itself, whereas including that it was not expressing an opinion on the deserves of that case.