Communication between Ministry of Communication & IB after Mumbai bomb blast
29 Jan, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Communication & IT, Department of Telecommunications seeking various information such as call details of thirteen mobile numbers along with their location. He also sought documents pertaining to the communication between Department of Communication & Intelligence Bureau (IB) in the year 2006 after the Mumbai July 2006 blast, procedure of Vigilance Telecom Monitoring Cell (VTM) and centralized monitoring system, telephone directory of Mahanagar Telephone Nigam Limited (MTNL) Mumbai & Bharat Sanchar Nigam Limited (BSNL) offices all over India etc.
Proceeding
The appellant submitted that he was confined in the Arthur Road Jail Mumbai and hence unable to appear before the CIC. He requested that his appeals be decided on their own merit in his absence. He specifically requested for the copies of the communication sent to the Intelligence Bureau (IB) by the Department of Telecommunication (DoT). The Public Information Officer (PIO) submitted that the information cannot be disclosed since IB is an exempted organization under the RTI Act. He further stated that the information sought related to Mumbai bomb blast of July 2006 and would prejudicially affect the security of the State and therefore, is exempt from disclosure under section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; . He also sought exemption under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act stating that the disclosure may impede the prosecution of offenders as the trial of the Mumbai blast case was not yet concluded.
View of CIC
The Central Information Commission (CIC) agreed that the correspondence in connection with Mumbai blast case was essential to counteract any subversive/ unlawful activity and to bring the culprits to justice. The Commission rejected the appeal upholding the exemptions claimed by the respondent under sections 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; & 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
Citation: Mr. Ehtesham Qutubuddin Siddiqui v. Ministry of Communication & IT in File No. CIC/LS/A/2012/000150/BS/1562
RTI Citation : RTIFI/2013/CIC/995
Click here to view original RTI order of Court / Information Commission