CCTV Footage Cannot Be Given Directly Under RTI: Allahabad High Court

The Allahabad High Court (Lucknow Bench) has held that a person cannot simply ask for CCTV footage through an RTI application. Court said CCTV footage containing sensitive information cannot be supplied directly to an RTI applicant when it is covered by the exemption under Section 8(1)(g) of the Right to Information Act, 2005. However, court or an appropriate forum can order its preservation and call for the actual footage if a complaint is filed before it.

A division bench of Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary passed the order in a case filed by Shobhit Kashayap against the Uttar Pradesh government and six others, including the State Information Commission. Kashayap was represented by advocates Suraj Kumar Nishad, Atul Raj and Yogesh Soni, while the state was represented by government counsel and advocate Shikhar Anand.

Why did the petitioner seek CCTV footage under RTI?

Kashayap had approached the high court under Article 226 challenging a May 14 order passed by the State Information Commission. Among other reliefs, he sought complete information in response to his RTI application dated March 20, 2025, and sought a maximum penalty of Rs 25,000 against the concerned respondent under the RTI Act. He also sought compensation for the alleged harassment caused to him.

The proceedings before the high court specifically raised the issue of access to CCTV footage.

Counsel appearing for the State Information Commission submitted that the footage contained sensitive information and was covered by the exemption under Section 8(1)(g) of the RTI Act. However, the Commission said that the footage could be made available to the court or the Commission if directed, though it could not be handed over directly to the applicant.

What did the high court say about preservation of CCTV footage?

Court considered the Supreme Court's judgment in Paramvir Singh Saini v. Baljit Singh and Others, on which the petitioner relied to contend that preservation of CCTV footage was his right.

The Supreme Court had dealt with the preservation and production of CCTV footage in the context of complaints of human rights violations. It had said that the concerned Commission or court could immediately summon CCTV footage for its safe keeping and that such footage could subsequently be made available to an investigating agency.

The Supreme Court had also directed that CCTV footage in police stations and investigative or enforcement agencies be preserved for a minimum period of six months, and said that a victim had a right to have the footage secured in cases of human rights violations.

On examining these observations, court said it was “clear that a Court/Commission has the power to call for CCTV footage and to direct preservation of the said footage".

Why was the CCTV footage not handed over to the petitioner?

Court drew a distinction between the power of a court or commission to secure CCTV footage and an individual's direct entitlement to obtain it through an RTI request.

“We are of the view that the petitioner has, till date, not filed any complaint before any Court or Commission and has simpliciter sought the CCTV footage,” the bench said.

In these circumstances, court held, the footage could not be supplied directly to Kashayap because it was covered by the exemption contained in Section 8(1)(g) of the RTI Act.

Court, however, did not foreclose access to the footage altogether.

It said that if the petitioner files a complaint before the appropriate forum or court, that forum “may very well direct preservation of the CCTV footage, as well as call for the actual footage” for the purpose of verifying the complaint.

The high court accordingly disposed of the writ petition with these directions.

Case Title: Shobhit Kashayap v. State of U.P. Thru. Addl. Prin. Secy., Administrative Reform Deptt., Lko. and 6 Others

Bench: Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary

Order Date: September 2, 2026