Delhi High Court Exempts PM's Foreign Travel Records From RTI Disclosure

The Delhi High Court has ruled that the Indian Air Force's Special Flight Returns (SFR-II) regarding the Prime Minister's foreign trips are largely exempt from disclosure under the Right to Information (RTI) Act. In an order dated October 15, the court set aside a 2020 directive from the Central Information Commission (CIC) that had previously mandated the release of these certified records. According to LiveLaw, the court determined that releasing the data might jeopardize national security or the leader's physical safety if not carefully managed.

The legal dispute originated from an RTI application filed by retired Commodore Lokesh K Batra, who sought details of international journeys taken by former PM Manmohan Singh and current PM Narendra Modi between April 2013 and June 2018. As reported by Scroll, the specific records sought included information on aircraft, aircrew, and the names of security personnel accompanying the Prime Minister. The Air Force initially denied the request, citing specific exemptions in the RTI Act that protect national security and physical safety.

Justice Amit Mahajan observed that simply redacting the names of security personnel might not be sufficient to eliminate security risks. The court noted that remaining details, such as flight references and passenger strength, could be correlated with public data to reveal patterns in security deployment. LiveLaw reported that the court emphasized the right to know is not absolute and must be weighed against the confidentiality of sensitive data.

Batra argued that because public funds were used for these trips, the information represented a matter of significant public interest. However, the court concluded that the competent security agencies were better positioned to assess whether releasing the files would jeopardize security. The court relied on a Supreme Court judgment to determine that certain exemptions do not permit disclosure solely on the grounds of larger public interest. Consequently, the Air Force's petition was allowed, and the CIC's order was set aside.