RTI Act for seeking information, not direction: Delhi HC

A single judge bench of Justice Subramonium Prasad orally observed, “Right to Information is only for seeking information and not for a direction…There is a limit to use of this (RTI)Act. How can this be granted under RTI?”

The court was considering Siddiqui’s plea against a September 13, 2022 order of the CIC, which had rejected his appeal on the ground that the “information regarding the authorities mentioned in second schedule (of the RTI Act) cannot be granted”.

In the writ petition filed before the High Court, Siddiqui contended he had been “falsely convicted”. The court noted that the information sought by the petitioner pertained to a sanction or an order by the Centre to the NIA to consider taking up “fresh investigation” into the July 7, 2006 Mumbai bomb blast case. The High Court said that whether or not Siddiqui was being falsely accused is a matter of trial, and if he wanted to seek a fresh investigation, he has to go to court with a fresh petition.

“This is not a case of seeking information but a direction from the Central government, which is not in the purview of the RTI Act,” the court said. The High Court said that it was inclined to dismiss the plea with costs, however the petitioner’s counsel prayed for withdrawal of the plea. The High Court, after taking a “sympathetic view” of the matter, permitted the petitioner’s counsel to withdraw the plea.