JUDGMENT :

The 2nd respondent is a journalist and a public spirited citizen. In the year 2010, the State Information Commission had occasion to pass an order in an application filed by the 2nd respondent wherein, he had sought for the following information:

(i) The details of the corrupt Police officers in the State of Kerala, their name, the post which they held, and also the reasons for holding them as corrupt.

(ii) The censures/criticisms made against the State Police by other agencies/Central agencies/Central Government during the past two years.

2. The State Information Commission as per order dated 21.1.2012, vide No. AP599(5)/SIC/ 2010, reminded the State Police of its obligation as a public authority under Section 4 of the Right to Information Act, 2005 to maintain its records duly catalogued and indexed in such a manner as to facilitate the right of information under the Act and also to ensure that all records that are appropriate to be computerised shall within a period of 30 days from 21.1.2012 be computerised and connected through a network so that access to such records is facilitated. Directions were also issued to the State Police Chief to initiate appropriate proceedings to ensure that the directions issued by the State Information Commission are complied with.

3. On 20/9/2018, an application was lodged by the 2nd respondent before the State Information Officer, Police Headquarters seeking the following information:

I) The steps taken by the State Police to comply with the Order vide No. AP599(5)/SIC/ 2010 of the State Information Commission.

(II) Furnish details of

(a) the officers in the State Police Department who are considered to be corrupt, the specific allegation against them and the post that they were holding.

(b) Criminal cases under investigation which were withdrawn after 25.5.2016 and the details of the individuals at whose instance, those cases were withdrawn.

(c) Police officers in the State Police Departments who are accused in criminal cases, their name, rank, post which they are holding and the gist of accusations against them.

(d) Police officers in the State Police Department who are accused of committing atrocities against women, their name, rank, the post which they were holding and the gist of allegations against them.

(e) Political activists who have been categorised as absconders, their name, address and other details.

III. Permission was also sought to inspect the information catalogued by the Police as directed by the State Information Commission vide No. AP599(5)/SIC/2010.

4. On receipt of Ext.P1, the 2nd respondent was informed that the information sought for by him was retained in the Crime Records Bureau and he was informed that his request would be forwarded to the said office under Section 6(3) of the Act. Later, by Ext.P3 communication, he was informed by the State Public Information Officer that the name and other details of the police officers facing corruption charges or human rights violations cannot be disclosed as the said information is exempted from disclosure under section 8(1)(j) and 8(1)(h) of the Act. However, without naming the officers or their rank, a district wise list was forwarded which revealed that about 59 police officers are facing corruption allegations. He was also requested to check the website of the Kerala Police to get information of the crimes registered by the Kerala Police. Insofar as the withdrawal of criminal cases on or after 25.5.2016 is concerned, the 2nd respondent was informed that the cases are withdrawn by the State and that no records are maintained by the Police Department. Insofar as the details of cases relating to political activists, who are categorised as absconders, the 2nd respondent was asked to approach the State Crime Records Bureau to get such information. Later, he received Exhibit P4 communication from the State Public Information Officer, Crime Records Bureau, that the said organisation is exempted from the purview of the Act by notif