7/11 accused moves HC after being denied books in jail

The CCRH had rejected his request on the ground that these were “priced publications” and,hence,could not be given out free of cost. His request for soft copies was also turned down,citing copyright laws.

Siddiqui was asked to pay

Rs 50,000 to avail the information under the RTI Act. After the request was rejected again by the Chief Information Commissioner,Siddiqui sent a letter to the Delhi High Court,stating that as he was an undertrial and had not been proven guilty,he could not be denied his constitutional rights.

Siddiqui,in his letter,argued that the educational material came under the category of “information” allowed under the RTI Act.

Copies of “priced publications” by a government agency can be given out for free under Section 7(5) of the RTI Act to persons “below the poverty line”.

The Delhi High Court took up his plea and framed various questions of law,including the right of a detenue to information and education,and the issue of whether a prisoner can be allowed to attend the hearings in a plea filed by him on issues separate from his ongoing trial.

“The issue is also whether an undertrial could be given the information free of cost as a person deemed ‘below the poverty line’,since he is not allowed to access his own money. We need to create a balance between the rules in the jail and the right of a man to education and information,” advocate Sumeet Pushkarna,the amicus curiae in the case,said.

Another issue that the court will be examining is whether Siddiqui can be allowed to travel to Delhi from Mumbai jail to attend the hearings in the matter.

The Delhi High Court issued notices to the CCRH,the Delhi government,the Central government and the jail authorities to reply to the plea earlier this year.

On Friday,the court issued fresh notices to the Delhi government and the Centre. The amicus curiae also asked the court to make the Additional Solicitor General a party to the case as the matter involved a constitutional issue.