Karnataka High Court.
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Bengaluru: If details of a passport are made available to any third party, including a complainant in proceedings under section 138 of Negotiable Instruments Act (cheque bounce), it could cause a danger to the life or physical safety of the concerned person, the Karnataka high court has observed in a recent judgement. Justice Suraj Govidaraj said this while rejecting the petition filed by a Mumbai based businessman seeking information under the Right to Information (RTI) Act a copy of the passport of the accused and copy of the Lookout Circular (LOC) issued against him.
The petitioner Prakash Chimanlal Sheth had filed the cheque bounce case against the accused before a magistrate court at Puttur, Dakshina Kannada district. Since the accused is absconding, LOC was issued against him. According to the petitioner, pursuant to the LOC, the accused was detained at Mumbai International Airport but was later released.
The petitioner filed an application under the RTI seeking a copy of the passport and the LOC issued against him. He also sought all information and records available with SP, Mangaluru office, about the detention of the accused at Mumbai International Airport on December 1, 2023 and about his release on the same day. This application was rejected by the Public Information Officer (PIO) at the SP office on the grounds that the information sought could not be furnished in view of prohibition under Rule 8(1)(h) of the RTI Act.
Further, it was stated that the document sought pertains to the Special Branch, and in terms of the notification issued, the RTI Act does not apply to Special Branches in District Police Offices. The appeal against this order was also rejected by the Appellate Authority at the SP office, Mangaluru. The petitioner filed an appeal before the Karnataka Information Commission (KIC). The petitioner moved the high court after the KIC also rejected his appeal on March 19, 2025.
After examining the materials, the provisions of the RTI Act, and the Apex Court decision in the Puttaswamy case, Justice Suraj Govindaraj noted that the information sought would be governed by the law of privacy and hence cannot be granted. “The disclosure of the information like a passport, in my considered opinion, being personal in nature would cause immense harm and injury to a person. The details of a passport are private to a person and if those details of a passport are made available to any third party, including the petitioner who has filed Section 138 of NI Act proceedings, it could cause a danger to the life or physical safety of the concerned person,” Justice Suraj Govindaraj said.
The court further said, “In the event the petitioner seeks the said information for use in the prosecution of the proceedings under Section 138 of the NI Act, the petitioner could always make an application in the said proceedings for the summoning of those documents, which the court, in its wisdom, could consider. It is made clear that this court has not expressed any opinion on the merits of the application.”