Intelligence agency reports on terrorist activities cannot be disclosed under RTI: Delhi High Court

The Delhi High Court recently held that reports and dossiers by intelligence authorities on terrorist activities cannot be disclosed under the Right to Information (RTI) Act if they compromise the sovereignty and integrity of the country..Justice Prathiba M Singh said that the larger public interest is in protecting safety and security, and not disclosing such reports.“Reports and dossiers by intelligence authorities relating to terrorist activities, which are subject matter of investigation are barred and thus, cannot be disclosed under RTI especially, if they compromise the sovereignty and integrity of the country. The larger public interest is in protecting the safety and security and not in disclosing such reports,” the Court held..The Court made the observations while dismissing a petition by 2006 Mumbai train blast case convict Ehtesham Qutubuddin Siddique, who is on death row. He sought copies of dossiers submitted by the Maharashtra government regarding the investigation into the blasts.Siddique also sought a copy of the dossier submitted by the then Andhra Pradesh government in the year 2009 regarding the role of terror group Indian Mujahideen in the blasts..The petitioner filed the RTI application with the Ministry of Home Affairs (MHA) after a news report published in The Indian Express in February 2017 revealed that innocent persons were falsely implicated in the bomb blast case.Siddique’s applications were rejected by the Ministry citing Section 8(1)(a) of the RTI Act, which exempts authorities from disclosing information in the interest of the sovereignty and integrity of India. The request regarding the details about Andhra Pradesh Police’s dossier was rejected on the ground of unavailability.His appeals to the appellate authority and then the Central Information Commission (CIC) were also dismissed, after which he moved the High Court..After considering the case, Justice Singh noted that the fact that one particular investigation regarding a particular individual may have been concluded would not in any manner mean that all the investigations have concluded finally.The judge added that the Mumbai blasts were one of the worst terror attacks on India which led to hundreds of deaths and, therefore, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.“On the one hand, the Petitioner seeks access these reports on the basis of right to information being a convict in the 7/11 bomb blast case. On the other hand, the Respondents are interested in safeguarding the safety of the citizens and the security of the country. The exemption under Section 8(1)(a) of the RTI Act is enacted keeping in mind cases of this nature.”.The Court rejected the argument that the details can be made available to the petitioner because it relates to his human rights.The rights of innocent people could be jeopardised by the disclosure of the information, and thus, the disclosure of such information cannot be made on the plank of human rights, the Court underlined.It, therefore, dismissed the plea. .While dealing with another plea by the petitioner seeking access to certain books in prison, the Court directed the Jail Superintendent at Nagpur Central Prison, where the petitioner is currently lodged, to make the requested books available to him within four weeks..Advocates Arpit Bhargava, Hina Bhargava and Pankaj appeared for the petitioner.Advocates Rahul Sharma, CK and Ayush Bhatt appeared for the MHA.The Ministry of Information and Broadcasting was represented by Advocates Satya Ranjan Swain and Kautilya Birat..[Read Order]