Many citizens try to use the Right to Information (RTI) Act to access police records such as FIRs, DD entries, raid details, and even arrest warrants. But can an arrest warrant actually be disclosed under RTI? A recent ruling Central Information Commission (CIC) provides an important precedent.
This article explains the legal position, using a real case involving the Delhi Police.
Background of the Case
A woman filed an RTI application with Delhi Police seeking the following information related to a criminal case filed under Sections 420, 406, 468, 471, and 120B of the IPC:
· Whether any arrest warrant was issued against the accused
· A copy of the arrest warrant
· Names and belt numbers of police personnel involved in the raid
· The DD entry number relating to the raid conducted at the accused’s house
The Public Information Officer (PIO) provided partial information but refused to share the arrest warrant, citing Section 8(1)(h) of the RTI Act, claiming that disclosure would impede investigation or prosecution.
What Happened During the CIC Hearing?
During the hearing, Delhi Police admitted the following:
· They conducted a raid at the accused’s residence but did not find him.
· The next day they obtained a court-issued arrest warrant and conducted another raid.
· The warrant was currently part of the case file submitted before the court.
However, the police failed to explain:
· How sharing a copy of a judicially issued arrest warrant would affect investigation.
· Why disclosure would impede prosecution when the warrant was already with the court.
This lack of justification became the deciding factor in the case.
CIC’s Final Decision
The Commission delivered a clear and well-reasoned order.
1. Police Failed to Justify the Section 8(1)(h) Exemption
Section 8(1)(h) only applies if disclosure would:
· Impede investigation,
· Obstruct apprehension of offenders, or
· Affect prosecution.
Because Delhi Police could not explain how the warrant would hamper the case, the CIC held that the exemption did not apply.
2. Arrest Warrant Should Be Disclosed
The CIC permitted disclosure of the warrant.
However, since the original warrant was now part of the court’s file, the Commission directed the respondent to:
· Transfer the RTI request to the Public Information Officer (PIO) of the concerned court.
· Attach a copy of the CIC order to ensure compliance.
3. Additional Information Ordered
The CIC also directed Delhi Police to furnish:
· The facts and circumstances under which the raid was carried out
· Clarification regarding discrepancies in dates between the raid and the arrest attempt
· All related DD entries and police personnel details already requested
Key Takeaways for RTI Applicants
This case sets an important precedent for citizens seeking records of police action.
You Can Seek Through RTI:
· Raid details
· DD entries
· Names and badge numbers of police personnel
· Copies of warrants held (through court PIO)
· Reasons for police actions
Police Cannot Deny Information Unless They Prove:
· How exactly disclosure will impede investigation
· Why the exemption under Section 8(1)(h) applies in that specific case
Blanket refusals are not allowed.
Arrest Warrants Are Judicial Records
Once a warrant is issued court, it becomes a judicial document.
To access it:
· File RTI with the concerned court’s PIO, or
· Request transfer of your RTI under Section 6(3) as done in this case.
What You Should Do If Police Deny Information Under Section 8(1)(h)
If you receive a denial citing Section 8(1)(h):
1. Ask the PIO to specify how disclosure will impede investigation.
2. File a first appeal if no reasoning is given.
3. Approach CIC in the second appeal if the exemption is misused.
Courts and the CIC have repeatedly stated that Section 8(1)(h) cannot be used automatically or mechanically.
