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The Delhi High Court dismissed the petition of individuals convicted in the Mumbai Twin Blast, seeking a report from the Intelligence Bureau under the Right To Information Act, 2005 (RTI Act). 

The Bench of Justice Subramonium Prasad held, “premise on which the Petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth. Affidavits have been filed by responsible officers in the Court stating that no such report exists. This Court has no reason to disbelieve the affidavit of the Respondent”. 

An application was filed seeking a copy of an alleged Intelligence Bureau report regarding the false implication and arrest of individuals in a bomb blast case. The application was rejected by the CPIO, Ministry of Home Affairs, citing exemption under Section 24(1) of the Right To Information Act, 2005 (RTI Act). The petitioner appealed to the First Appellate Authority and then to the Central Information Commission, arguing that the information pertained to human rights violations. The CIC upheld the previous decisions, stating that the query did not meet the preconditions under Section 24(1) and Section 8 of the RTI Act. The petitioner challenged the CIC's decision in court, and a previous judgment remanded the case back to the CIC. In a subsequent hearing, the CIC directed the CPIO to file an affidavit confirming the non-existence of the reported document.

The Petitioner was convicted in Mumbai Twin Blast known as 7/11 bomb blast case of year 2006, and was sentenced to a punishment of death for an offence under Section 302 of the Indian Penal Code, 1860 (IPC), under Section 3(b) of the Explosive Substances Act, 1908 (ESA) and under Section 3(1)(i) of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). 

The application was filed based on a news report  alleging the existence of an Intelligence Bureau report regarding false implications and arrests in a bomb blast case, presented to the Ministry of Home Affairs in 2009.

However, the Court noted that a newspaper article is insufficient evidence to substantiate the application seeking intelligence report. The Court observed the affidavits filed by Responsible Officers claiming lack of such a report. 

Accordingly, the Court dismissed the Petition.

Case Title: Ehtesham Qutubuddin Siddique v CPIO, Intelligence Bureau (2024:DHC:1777)