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Synopsis

The Delhi High Court on Friday dismissed the appeal filed by Ehtesham Qutubuddin Siddique, a convict in the Mumbai blast case, against the Central Information Commission's decision denying investigation reports to him on the ground of national cecurity. Siddiqui is on death row for the 2006 Mumbai train explosion case.

A bench of Justice Prathiba M Singh said that the reports and dossiers created by intelligence agencies are not subject to the RTI Act's disclosure requirements, especially if doing so would jeopardize the sovereignty and integrity of the nation.

In connection with the investigation into the bomb incident, Siddiqui had requested the report or dossier created by the Maharashtra Anti-Terrorist Squad (ATS) and the Andhra Pradesh Government.

Advocate Arpit Bhargava appearing for Siddiqui submitted that the petitioner had been wrongfully accused and found guilty in the case. The Bombay High Court is currently hearing a case over his death sentence.

Bhargava argued that the information sought was necessary in order to determine why the evidence against Siddiqui was gathered.

Advocate Rahul Sharma appearing for the Commission informed the bench that Siddiqui had been convicted in the terror case in which 200 people died and several others were injured.

Furthermore, Sharma submitted that it's not a straightforward case, either. In this case, 15 to 20 persons are still on the run but have not yet been apprehended, they include some foreign nationals, Sharma added. 

Additionally, he claimed that the petitioner had requested the report and dossiers, which also contained details about other suspects. This information cannot be made available to the general public, he contended.

Given the above, the bench opined that the order of CIC cannot be faulted given provisions 8(1)A and 24 of the RTI Act. "The major public interest is in protecting the safety and security of the public and not in disclosing such reports," the bench comprising Justice Singh added.

The bench noted, "If such a report by an anti-terrorist squad is not revealed to an RTI applicant, it is obviously in the interest of the country and this approach also cannot be faulted of the CIC. The case of the petitioner who has undergone a MOCOCA trial and whose appeal is pending before the Bombay High Court would not be a case where under RTI, the information which affects the security and sovereignty of the country can be disclosed in this manner".

Due to exemptions under RTI Act- Sections 8(1)A and 24, the information was rejected. Under section 24 of the Act, the Maharashtra government has been declared a security organization.

Siddiqui was detained in July 2006 by the Maharashtra Anti-Terrorist Squad in Mumbai in connection with the 7/11 Mumbai Train Blast case. On November 30, 2006, he was charged with a number of offences under UAPA.

Case Title: Ehtesham Qutubuddin Siddique v. CPIO, Ministry Of Home Affairs