Category: Right to Information

Lawyer Seeks Data From FO on UAE Visa Rejection Crisis

Filing application under right to information law an advocate of Islamabad urged foreign office to share data, facts, and figures regarding the UAE visa rejection crisis, which has been widely reported in the media recently.

According to reports, the UAE government has been rejecting visas for Pakistanis from all strata of society. Some estimates suggest that the visa rejection rate has skyrocketed to 99 percent.

Advocate Osama, an associate of Law & Policy Chambers, highlighted that this situation is not only causing a loss of the fundamental right to travel (Article 15 of the Constitution of Pakistan ) but also the right to property, as Pakistanis are among the largest real estate owners in the UAE. It is only logical to conclude that many of these Pakistanis who own properties in the UAE are now unable to access their own properties.

Most importantly, the applicant pointed out that the UAE is a major business destination for Pakistanis, serving as a hub for international trade. The sky-high visa rejection rate has led to the denial of business opportunities for many Pakistanis. Recently, several Pakistanis were unable to attend business exhibitions, which is hindering the growth of Pakistani exports.

The applicant asked the government to not only share facts and figures regarding the trends but also to disclose what actions, if any, the government is taking to redress this issue.

February 16, 2025
Public Interest Litigation – Human Rights Activist Shahbaz Shah to invoke IHC jurisdiction over non performance of IFA

Human Right activist in Capital Advocate Syed Shabaz Shah has decided to invoke jurisdiction of Islamabad High Court (IHC) over executive’s failure to establish regulatory framework and enforcing mechanism required for performance of Islamabad Food Authority (IFA).

Talking to TLTP, Advocate High Court Shahbaz Shah informed that one of the main objectives of establishing a food authority in the public sector is to ensure the safety and quality of food consumed by the public. He informed a food authority was established 10 months ago in Capital during March 2023 in response to promulgation of Islamabad Capital Territory – ICT Food Safety Act, 2021. “By exercising constitutional Right under Right of Access to Information Act, 2017, I sought information regarding implementation of the ICT Food Safety Act, 2021 from head of the Authority – the Chief Commissioner Islamabad”, Shah told.

Through his letter, Advocate Shah sought details on licensing requirements for food businesses in the ICT, number of food safety officers appointed, establishment and status of food laboratories, existence of food tribunals, and framing of rules status under Section 36 of the Act. Additionally, he asked for names of current members of the IFA. The letter emphasized the importance of timely response under the Right to Information Act and provides contact details for further communication. However, the Chief Commissioner Islamabad office failed to provide response to which Advocate Shah filed an appeal before Right to Information Commission.

Adv Syed Shahbaz Shah

In response to the Commission intervention, the Chief Commissioner Islamabad office expressed inability to carry out one of the IFA business for licensing and registration of food businesses in the Capital so far as bank account opening for the purpose was in process. Secondly, the office informed saying two food safety officers were appointed along with dairy specialist and veterinary specialist to ensure the implementation of the Act.

Thirdly, the office told that restrained budgetary allocation to establish food laboratories in Capital impeded to carry out the Authority business saying IFA has still no structure of laboratories so far to test food samples for which the ICT administration has taken Nutrition Division of National Institute of Health on board. Fourthly, the Chief Commissioner office informed that food tribunal under the Act has not been established yet so appeals can be filed before Session court for adjudications. Fifthly, IFA has not framed its rules so far saying the Authority has adopted regulations from Punjab Food Authority to run affairs of the Authority in the ICT.

January 31, 2024
PIC imposes fine on PESCO CEO over failure to provide information

Over failure to provide information about electricity inputs installation during last three years in District Tank, Pakistan Information Commission (PIC) has imposed penalty of fine equivalent to salary of 15 days on Chief Executive Officer (CEO) of Peshawar Electric Supply Company (PESCO).

A citizen, Wasim Mehsud, has sought information from PESCO regarding list of transformers, HT and LT poles, and different wires installed in District Tank for the past three years. The information seeker Mehsud also requested the PESCO to provide details relating to location of these installations, the type of equipment used, and any maintenance or repair work conducted during this period. Additionally, he requested details about officials responsible for collecting money on illegal connections, along with any inquiry conducted regarding this practice.

Despite multiple hearing notices issued to PESCO, no representative appeared before the Commission. Consequently, the Commission proceeded with ex-parte proceedings and directed PESCO to share the requested information within 10 days, excluding the location of installations due to security concerns.

Taking up the appeal, a two-member panel of the PIC comprising Chief Information Commissioner Shoaib Ahmed Siddiqui and Information Commissioner Ijaz Hassan Awan find that CEO of the PESCO failed to comply with the PIC’s order as he neither submitted response nor appeared before the Commission even after a show cause notice was served to him.

Exercising its jurisdiction under Section 20(f) of the Right of Access to Information Act 2017 the Panel imposed a fine on the CEO and issued directives to Secretary, Ministry of Energy (Power Division) to recover the penalty from the CEO’s salary and submit compliance report. Besides, the Commission reiterated its previous order requiring the PESCO to share the requested information without laps of time to the information seeker.

December 23, 2023
PIC directs NTDC to provide ADB-300A tender details

While deciding an appeal against non-provision of information, the Pakistan Information Commission (PIC) issued directives to the country’s power system operator National Transmission & Dispatch Company (NTDC) to provide all the required information within ten days.

An information seeker Khawaja Nadeem Ahmed has requested the NTDC to provide complete evaluation report, documents of all the bidders along with their certification, experience etc. and the list of bidders who participated in ADB-300A tender along with Techno-Commercial bids (TCB) submitted in the office.

Over denial from the NTDC in the matter, Khawaja invoked jurisdiction of the PIC filing appeal against the NTDC saying he has sought information from Chief Engineer of the NTDC under Right of Access to Information Act, 2017 read with Article 19A of the Constitution of Islamic Republic of Pakistan, 1973 and under section 46 of the Public Procurement Rules, 2004. Khawaja, the appellant further said that the Chief Engineer (MP&M) NTDC turned down his request for information.

After adjudicating the appeal under provisions of the Right of Access to Information Act 2017 the Commission said in its order that the NTDC has denied the access to the requested information and record saying the appellant has no locus standi as he neither purchased the bidding documents nor participated in the tendering process as well as not a direct stakeholder of the process.

The PIC said in its order that the NTDC also took stance that the requested documents are classified in nature, adding the borrower (NTDC) is bound to preserve the confidentiality of the procurement process and its associated information. The Commission added, that the NTDC further said that the subject matter, the procurement is admittedly through a loan given by an international financial institution i.e. ADB, therefore Rule 5 of the PPRA Rules, 2004 would be relevant and applicable, rendering ADB Procurements Guidelines prevalent and that the subject procurement is being carried out under ADB Procurement Rules.

Allowing appeal of the information seeker Khawaja, the PIC issued directives to the Chief Engineer (MP&M) NTDC, to furnish the appellant all the requested information, after severing the record touching the private privacy of any individual i.e. Bank Account Number, Phone/cell No., CNIC No., Passport No., Address or any other information pertaining to the family members, forthwith but in any case not later than ten days of the receipt of this order.

August 1, 2022
PIC fixes plea challenging powers to seek information from SC

Pakistan Information Commission has fixed September 16 to hear the registrar Supreme Court’s application filed through attorney general for Pakistan, urging review of the Commission’s power to seek information from the top court in response to an appeal of an information seeker in a matter.

In April 2019, Mukhtar Ahmed Ali, a citizen and RTI activist, had sought information from registrar of the Supreme Court about the recruitment for different positions in the top court while asking for total sanctioned strength of staff members, number of positions lying vacant, recruitment of regular and contractual staff, the positions created from January 2017 onward, female staff, disabled employees and the transgender employed.

The information seeker has invoked the jurisdiction of the Pakistan Information Commission which served notices to the top court Registrar. In response to the second notice in the matter, the respondent informed that top court had sent a letter to the Senate and National Assembly during 2014 in which the parliament was reminded about the separation of the judiciary from the executive and that the “Constitution doesn’t envisage oversight in any form/ manner by any other institution/ organ of the State on the functioning of the Courts.” Also, the SC judgment reported as Government of Sindh vs Sharaf Faridi (PLD 1994 SC 105) regarding separation of power was referenced.

The information seeker was dissatisfied with the response on the grounds that the top court letter didn’t address the question raised by him. He said the referred judgment is essentially about the separation of power but it doesn’t specifically rule on the applicability of citizens’ right to information on courts. Also, the fact remains that the judgment was passed before the insertion of Article 19-A in the Constitution in 2010 through the Constitutional Amendment and the later enactment of the Right of Access to Information Act 2017.

The judiciary’s independence is ensured by the Constitution, the information seeker contended in his response to the top court letter saying it shouldn’t be construed to mean “judiciary is not accountable and responsive to citizens of the country who have created all institutions through legislations enacted by their elected representatives and who are to exercise authority as a sacred trust.”

After hearing arguments of the information seeker, the Commission issued directives to the top court’s Registrar to share the information with the information seeker within 20 working days besides notifying the Public Information Officer of the top court under Section 9 of the Act. The Commission also said in its order to the Registrar to take steps to proactively share through the website all categories of information mentioned in Section 5 of the Act including for the people with disabilities.

Responding to the Commission’s directives, the registrar Supreme Court filed a review application through the Attorney General for Pakistan. The Pakistan Information Commission has issued notices to both the parties of the case and has fixed the matter for hearing on September 16.

September 8, 2021
Cantonment board Nowshera asked to provide info about non-Muslims’ worship places

Pakistan Information Commission Thursday issued directives to executive officer of the cantonment board Nowshera to provide details to an information seeker about Temples, Gurdwaras and Churches located within the board’s jurisdiction.

Constitutional right to information is a tool of good governance which generates transparency and accountability across the board to promote equity and equality for societal development. The Pakistan Information Commission (PIC) is the appropriate forum to get this fundamental right implemented in matters of public importance.

Information Commissioner of the PIC Zahid Abdullah issued the directives to the Board after hearing appeal of a local citizen of Nowshera Farhat Shah who has made Cantonment Board Nowshera as respondent in the matter saying he had submitted information requests to cantonment board office Nowshera on March 09, 2021 under the Right of Access to Information Act 2017.

Shah has requested the cantonment board officer Nowshera to provide him information over the total number of temples, Gurdwaras and churches, names and locations of all places of worship located in the jurisdiction of Cantonment Board, Nowshera. He also sought information relating to places of worship of the minorities in the jurisdiction of cantonment board, Nowshera that were constructed before and after partition amid names and location of these places of worship.

Information seeker also requested the cantonment board officer to provide details of minority places of worship that do not exist at present; either because they have been demolished, reasons for their demolition and under which law or court order these places of worship were demolished.

Shah has also sought information about places of worship that have been replaced with commercial plots, commercial plaza or a house.

He requested the Board to provide information asking under which law or notification such houses or commercial plazas have been built? He also requested for provision of details including location of all such houses and commercial plazas.

“Information and location of land/commercial plots, houses and places of worship belonging to Okaaf situated in the jurisdiction of Cantonment Board, Nowshera… Information and location of land/commercial plots, houses and places of worship belonging to MEO situated in the jurisdiction of Cantonment Board, Nowshera”, according to the PIC order the information seeker requested for such details.

The appellant said there are commercial plazas built on the places of worship in the jurisdiction of Cantonment Board Nowshera as property number 759 survey number 269/227, property number 812, 13 survey number 269/70 reveal. He sought information from the Board that under what court order or notification these commercial plazas have been built?.

Information seeker also requested the Board to provide him information about advertisements issued to newspapers and TV channels from 2011 to 2021, name of the newspaper, advertisement and what was the advertisement about.

July 16, 2021
PIC directs AGPR to provide info about departmental inquiries since 2015

While taking up an appeal of a citizen on Thursday Pakistan Information Commission (PIC) issued directives to Accountant General Pakistan Revenues (AGPR) to provide information to the applicant within seven days.

The PIC receives complaints and takes action over RTI implementation related issues under the Right of Access to Information Act 2017, when a public body wrongfully denies access to information, non-provision of information within stipulated time, and refuses to receive and process the request from an applicant.

Nadeem Umer, a resident of Islamabad invoked the commission’s jurisdiction, saying he has requested the Accountant General Pakistan Revenues (AGPR) through its Accountant General on March 23, 2021 for a set of information.

He submitted that he has requested to the AGPR to provide list of departmental enquiries conducted from January 01, 2015 to date, along with the details of complaint/allegation, name of accused officials and their designation, name and designation of each enquiry members, certified copies of each enquiry report, details about the implementation on the recommendation of each enquiry committee, list of the pending (on-going) enquiries that are initiated against the officers/officials of excise department along with date on which the enquiry was initiated, list of each enquiry committee members from January 2010 to date, details about the time period given in the rules/regulation to conclude any departmental enquiry, what action has been taken against the officers/officials/members of the enquiry committee who are failed to conclude the enquiries within the stipulated time period given in the rules/regulations/laws and copy of the relevant rules/regulations regarding the departmental enquiries.

He said that the AGPR didn’t respond to his query to which PIC issued notice to the AGPR. Responding to the notice of the Commission, the AGPR officer shared with the commission that “Inquiries are initiated and where any discrepancy is found, the office meets the ends of justice and necessary punishments under Efficiency & Discipline Rules have been awarded to the accused employees”.

The AGPR further said that “It is requested that the request of the applicant regarding provision of confidential record may kindly be regretted in the light of Para-7 of the act “The Right of Access to Information Act 2017” or applicant may please be requested to contact with our Controlling Office i.e., Office of the Controller General of Accounts”.

However, the PIC said that the commission has already held through its different Orders that information pertaining to finalised enquiry reports is public information.

As such, this information is not only to be provided to citizens when requested but public bodies are obligated to proactively publish through their web sites all finalised enquiry reports as required under Section 5 (1) (i) of the Act.

Allowing the appeal of Nadeem Umer in the matter, the Information Commissioner Zahid Abdullah issued directives to AGPR to provide certified copies of the finalised enquiry reports and requested information at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

The AGPR has also been directed to notify the name of its Public Information Officer under Section 9 of the Right of Access to Information Act 2017.

June 11, 2021
PIC directs PTA to provide TikTok ban details

While exercising its constitutional power to ensure the guaranteed fundamental right of access to information, Pakistan Information Commission has issued directives to the apex regulator body of the telecom sector in the country to provide information that led to imposing a ban on social media platform TikTok within 10 days.

An order of the Pakistan Information Commission (PIC) cited that Pakistan Telecommunication Authority (PTA) has been asked to provide details to the information seeker including; a total number of complaints received against TikTok; copies of the letters/emails sent to the TikTok management in this regard; copies of the letter(s)/email(s) received from the TikTok, and copies of the notes and minutes of the meeting in which it was decided to ban the TikTok.

According to details, one information seeker Nadeem Umer has approached the PTA to get information regarding the TikTok ban. Initially, the PTA refused to share the requested information as the information request was made through Pakistan Citizen Portal, but later, after the intervention of the PIC, the PTA submitted its response and stated that copies of the email sent to and received from the TikTok application management and copies of the notes and minutes of meeting in this regard cannot be shared with the applicant under the section 7(e) of Right of Access to Information Act 2017.

The PIC in its order stated that Section 7 (e) relates to records pertaining to the defence forces of the country. Furthermore, disclosure of “copies of the letter(s)/ email (s) between the respondent and the company managing TikTok application is neither likely to adversely impact national security of the country nor the commercial activities of the company which manages TikTok application.”

The seven-page verdict, authored by Information Commissioner Zahid Abdullah described that ‘noting on the files’ and ‘minutes of the meeting’ are given qualified and not absolute exclusion from disclosure. The exclusion of ‘noting on the file’ and ‘minutes of the meetings’ is subject to a final decision. The disclosure of ‘minutes of meetings’ and ‘noting on the file’ during the deliberative process is protected to ensure that outside influence does not create hindrances in the deliberative process.

However, once a public body has taken a final decision, as is the case in the instant appeal, noting on the files and minutes of the meetings cannot be treated as excluded records.

‘Noting on the file’ and ‘minutes of the meeting’, once the final decision has been taken, reflect the quality of input by different officers which becomes the basis for the final decision. Therefore, citizens of Pakistan have the right to have access to ‘noting on the files’ and ‘minutes of the meetings’ which led to the imposition of a ban on Tiktok application so that they can judge for themselves the input provided by officers involved which led to the ban through the final order, said the order.

This commission is of the view that the disclosure of ‘file noting’ and ‘minutes of the meetings pertaining to the imposition of ban on Tiktok application will contribute to making government more accountable to citizens, a greater level of participation of citizens in the affairs of the government, reducing corruption and inefficiency, promoting sound economic growth’ and promoting good governance and respect for human rights in the country, the order states.

The commission in its order has also established that Citizens can seek information from the government departments using the option of Right to Information in the Human Rights category of Pakistan Citizen Portal.

January 3, 2021

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