Bar and Bench: Delhi: Saturday, 05 August 2023.
The plea was filed by Ehtesham Qutubuddin Siddiqui who claims that he was falsely implicated in the blasts. He had filed an RTI application, in which he also urged the NIA to consider starting a fresh probe.
The Delhi High Court on Friday refused to entertain a plea by 2006 Mumbai train blasts convict challenging the Central Information Commission's (CIC) rejection of an RTI application in which he had also asked the National Investigation Agency (NIA) to seek sanction from the Central government for a fresh investigation into the terror attack.
The plea was filed by Ehtesham Qutubuddin Siddiqui who claims that he was falsely implicated in the blasts.
Justice Subramonium Prasad remarked that there is a limit to the use of the Right to Information Act (RTI Act) and that no direction can be issued under this Act for further investigation or re-investigation of a case.
"There is a limit to the information and use of this [RTI] Act... RTI is only for information not direction," the Court said.
The bench further warned it would impose costs on the petitioner, even if the petition has been filed through the legal aid cell.
"There is a limit to the use of this Act. There is a limit to the legal aid also," the Court remarked.
"This is not a case for seeking information but a direction to the Central government for fresh investigation. This Court was initially inclined to dismiss the plea with costs. The petitioner then seeks to withdraw the plea. The Court takes a sympathetic view ... the petition is accordingly disposed of."
In his RTI application, Siddiqui had urged the NIA to take sanction from the Central government and consider starting a fresh investigation into the train blasts.
The CIC had rejected his plea on the grounds that the information sought for related to authorities mentioned in Schedule II of the RTI Act and, therefore, the information could not be disclosed.
Siddique, had been awarded the death sentence by a special court in 2015 in the blasts that ripped the local trains in Mumbai killing 189 people and injuring over 800.
He is lodged in the Nagpur Central Jail while his appeal is pending before the Bombay High Court.
However, he has approached various fora alleging that he was framed in the blasts as evidence was fabricated by the officers to seek promotion. He has contended that his allegation stands substantiated by the news reports in 2017 which said that the members of Indian Mujahideen were involved in the blasts.
The plea was filed by Ehtesham Qutubuddin Siddiqui who claims that he was falsely implicated in the blasts. He had filed an RTI application, in which he also urged the NIA to consider starting a fresh probe.
The Delhi High Court on Friday refused to entertain a plea by 2006 Mumbai train blasts convict challenging the Central Information Commission's (CIC) rejection of an RTI application in which he had also asked the National Investigation Agency (NIA) to seek sanction from the Central government for a fresh investigation into the terror attack.
The plea was filed by Ehtesham Qutubuddin Siddiqui who claims that he was falsely implicated in the blasts.
Justice Subramonium Prasad remarked that there is a limit to the use of the Right to Information Act (RTI Act) and that no direction can be issued under this Act for further investigation or re-investigation of a case.
"There is a limit to the information and use of this [RTI] Act... RTI is only for information not direction," the Court said.
The bench further warned it would impose costs on the petitioner, even if the petition has been filed through the legal aid cell.
"There is a limit to the use of this Act. There is a limit to the legal aid also," the Court remarked.
"This is not a case for seeking information but a direction to the Central government for fresh investigation. This Court was initially inclined to dismiss the plea with costs. The petitioner then seeks to withdraw the plea. The Court takes a sympathetic view ... the petition is accordingly disposed of."
In his RTI application, Siddiqui had urged the NIA to take sanction from the Central government and consider starting a fresh investigation into the train blasts.
The CIC had rejected his plea on the grounds that the information sought for related to authorities mentioned in Schedule II of the RTI Act and, therefore, the information could not be disclosed.
Siddique, had been awarded the death sentence by a special court in 2015 in the blasts that ripped the local trains in Mumbai killing 189 people and injuring over 800.
He is lodged in the Nagpur Central Jail while his appeal is pending before the Bombay High Court.
However, he has approached various fora alleging that he was framed in the blasts as evidence was fabricated by the officers to seek promotion. He has contended that his allegation stands substantiated by the news reports in 2017 which said that the members of Indian Mujahideen were involved in the blasts.
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