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The Madras High Court recently directed the Railway Mail Service to furnish CCTV footage to a man, who was trying to find the identity of a mischief-monger who was sending him fabricated complaints in his missing father's name.

Justice GR Swaminathan observed that in this RTI age, clauses restricting the furnishing of materials could not be applied mechanically. The court added that in case of breach of right, a person is entitled to seek legal remedy. The court also added that if the identity of the person who is responsible for the breach could be established through materials available with the State, it is the State's duty to furnish those materials.

“We are living in the RTI age. Clauses restricting the furnishing of information that were incorporated in the Postal Manual aeons ago cannot be literally or mechanically applied any longer. If one's rights have been breached, he is entitled to seek legal remedy. If one can criminally prosecute the person responsible for such breach and the identity of such person can be established only with the material available with the State, it is the duty of the officials to furnish such material to the affected person,” the court said.

The court also added that when such materials are not supplied to the affected person, it would frustrate the affected person's right to prosecute. The court also pointed out that the state could withhold furnishing of information only in certain circumstances, as mentioned under Section 8 of the RTI Act.

“If such a material is withheld, the right to prosecute would be frustrated. The authority would be justified in refusing to part with the information only under certain circumstances. Those circumstances have to be exceptional and fall within Section 8 of the RTI Act, 2005,” the court said.

The court was hearing a petition filed by an Advocate, Abishek, seeking directions to the Senir Superintendent of Railway Mail Service (RMS) to preserve and furnish the CCTV footages recorded on October 6, 2026.

According to Abishek, his father was missing. While so, he started receiving complaints in his father's name against him and his family. The complaints were in poor taste and were dispatched through the Madurai RMS Post Office on October 6, 2026.

Abishek had submitted that if the CCTV footage maintained by the RMS is made available, it would help him unravel the truth and identify the mischief-monger.

The government advocate, however, submitted that the information could be furnished only in terms of Clause 152 of the Postal Manual and not otherwise. As per this clause, records of the post office or mail office should be produced, and information available in them should be given on the written order of any Police Officer who is making an investigation in a cognizable case under the Criminal Procedure Code, or of any Excise officer empowered by a local Government or Administration to investigate offences punishable under any Excise Act. The clause also adds that only those entries in the records should be disclosed which relate to the person or persons charged with the offence.

The court however noted that as per Section 22 of the RTI Act, the provisions of the Act would have an overriding effect on the Official Secrets Act and any other law. The court thus held that the restrictive clauses of the Postal Manual will have to give way.

The court noted that the petitioner's name was being tarnished because of the complaints and unless the CCTV footages were made available, he could not identify the person sending such complaints.

The court thus directed the RMS to furnish the details sought by the petitioner in a pen drive within 2 weeks.

Counsel for Petitioner: Mr. M. Nandhini Priyadharshini

Counsel for Respondents: Mr. V. Malaiyendran Central Government Standing Counsel

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