Headley’s interrogation by NIA at Chicago denied u/s 8(1)(h) – copy of notification by MHA in respect of structure and functioning of NIA said to be available on website – as appellant confined to jail without access to internet, hard copy to be provided
15 Aug, 2013Order
1. The appellant filed a RTI application dated 28.8.2010 seeking information on 7points in relation to the 26/11 investigation. The appellant has sought the report of the Headley’s interrogation by NIA in June at Chicago, full statement of David Headley recorded by NIA, copy of notification by Ministry of Home Affairs in respect of structure and functioning of NIA and related information.
2. The CPIO vide reply dated 14.9.2010 informed the appellant that the said notification in respect of formation, structure and functioning of NIA i.e point (d) and information sought at point (e) is available on NIA website and can be obtained from the internet. With relation to point (a), (b) & (c) by which queries the report of Headley’s interrogation by NIA in June 2010 at Chicago, the full statement of Headley recorded by NIA or by American Agency and information about revelation by Headley about terror attack in India has been requested, the respondent CPIO replied that the said information pertains to an ongoing investigation registered by NIA and as the investigation is still continuing the information cannot be provided as per 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; 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. With relation to point (f) the CPIO replied that NIA is not investigating 26/11 case.
3. However, not satisfied with the reply, the appellant filed first appeal dated 29.9.2010. The first appellate authority vide his order dated 19.10.2010 upheld the view taken by the CPIO while providing some more information at point no. (e) to the effect that the NIA can investigate scheduled offences on the directions of the MHA, GOI.
4. The appellant submits vide his second appeal that the information sought under point no. (d) cannot be denied to the appellant as the appellant is confined in jail the appellant is not allowed to access internet hence the information must be provided to the appellant. The appellant further presses for information at point (a), (b) & (c ) which has been denied 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; 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, 2005. The appellant further submits that the information sought is for the purpose of defending the appellant before MCOCA court in 7/11 blast case as some information about 7/11 blast case was revealed by David Headley, which is therefore required for his life and liberty.
5. The Commission hereby directs that the information sought at point (d) be provided to the appellant free of cost in view of the submissions made by him. However, the information sought at point (a) , (b) & (c) will attract provisions of 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; 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 in view of the ongoing investigation/trial as stated by the CPIO and the first appellate authority. Reply furnished with regard to point (f) is also upheld. Respondent shall comply with the directions of the Commission within seven days from the receipt of this order. The appeal is disposed off accordingly.
Sushma Singh
Information Commissioner
Citation: E. Siddiqui v. National Investigation Agency in Case No. CIC/SS/A/2010/001130