In an order passed on February 28, 2024, the High Court noted that train blasts had happened in the year 2006 and since 20 years have not passed since the incident, the benefit of Section 8(3) of the RTI Act is also not available to Siddique.
Section 8 of the RTI Act deals with classes of exempted information or information that cannot be provided under the Act. Section 8 (3) lays down that even exempted information may be provided if it relates to a matter that took place 20 years earlier.
However, the Court said that even if 20 years had passed since the blast, it may still not be possible for Siddique to get the information sought.
“Even if it is assumed that 20 years have passed, in such cases the right of privacy for these officers, who can be exposed to grave risk, cannot be diverged to an accused and that too when the accused has been convicted and sentenced to death penalty,” Justice Prasad explained.
He added that Siddique had not brought out any element of public interest warranting the disclosure of such information, which could outweigh the reasons why such information must not be disclosed.
“Rather in the facts of this case, the protected interest is in the nature of danger to the life and property of the officers who were involved in the investigation relating to the Petitioner and that disclosing their information to the Petitioner would certainly outweigh the public interest that has been claimed,” the Court said.
Source: Barandbench
