9 hrs ago
Allahabad High Court Limits Direct CCTV Access Under RTI
The Allahabad High Court considered a request for CCTV footage under India’s Right to Information law.
The court said the footage cannot simply be handed directly to an RTI applicant.
It said Section 8(1)(g) of the law protects this type of information from direct disclosure.
The person who requested the footage had not filed a complaint with a court or commission.
The court explained that this could make a difference.
If a proper complaint is filed, a court or competent commission can order the footage to be saved.
It can also order the footage to be produced as part of the case.
The ruling does not say that CCTV footage can never be obtained.
It says it must be sought through the appropriate legal forum rather than directly through an RTI request.
The Allahabad High Court ruled that CCTV footage cannot be directly provided under the Right to Information Act, 2005.
The court said the footage is covered by the exemption in Section 8(1)(g) of the Act.
Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary issued the order on September 1.
The judges noted that the petitioner had not filed a complaint before a court or commission.
A court or competent commission may direct CCTV footage to be preserved and produced during proceedings.
- Who
- The Allahabad High Court, comprising Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary, ruled on a petitioner’s request.
- What
- The court held that CCTV footage cannot be provided directly to an applicant under the Right to Information Act, 2005.
- Where
- The Allahabad High Court.
- When
- The order was issued on September 1; the year was not specified in the article.
- Why
- The court said Section 8(1)(g) of the Right to Information Act exempts the footage from direct disclosure, while allowing a court or competent commission to order its preservation and production.
Direct RTI disclosure
Court- or commission-ordered production
How footage can be obtained
Direct RTI disclosure
The petitioner sought the CCTV footage directly through the Right to Information Act.
Court- or commission-ordered production
The court held that footage must not be provided directly under the RTI request, but may be preserved and produced if ordered by a court or competent commission.
Status of the request
Direct RTI disclosure
The petitioner had sought the footage without, according to the court, filing a complaint before an appropriate forum.
Court- or commission-ordered production
The court emphasized that the petitioner could pursue the footage through a complaint before a court or commission.
Key facts
- Court
- Allahabad High Court
- Law involved
- Right to Information Act, 2005
- Relevant provision
- Section 8(1)(g)
- Ruling
- CCTV footage cannot be provided directly to an RTI applicant.
- Alternative legal route
- A court or competent commission may direct preservation and production of the footage.
- Order date
- September 1
Quotes
Allahabad High Court
The judicial bench comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary.
“In our view, the petitioner has, till date, not filed any complaint before any Court or Commission and has simpliciter sought the CCTV footage. In our view, the said footage cannot be provided to the petitioner directly, as the same is covered by the exception contained in Section 8(1)(g) of the Act, 2005”
indianexpress.com
Sources
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