The Special Police Establishment (SPE), Bhopal, challenged a Madhya Pradesh High Court direction ordering it to supply information to Kamta Prasad Mishra, a former Town Inspector accused under the Prevention of Corruption Act, 1988, regarding the decision-making process behind the grant of sanction for his prosecution. The SPE argued that a State Government Notification dated 25.08.2011 issued under Section 24(4) of the Right to Information Act, 2005 exempted the SPE from the RTI Act's provisions, and that Section 8(1)(h) of the RTI Act also barred disclosure as it could impede investigation. The Supreme Court examined whether the SPE could validly be classified as an 'intelligence and security organisation' under Section 24(4) of the RTI Act, which is a prerequisite for a State Government to issue such an exemption notification, and prima facie doubted the legal validity of the Notification. The Court called upon the State of Madhya Pradesh to clarify the basis for the Notification, and the matter was heard with submissions from both sides, but the judgment text as provided does not record a final conclusive order.
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