ISLAMABAD : May 20, 2024: The Pakistan Information Commission (PIC), in a landmark achievement, has successfully facilitated a citizen’s access to so-called ‘confidential’ records of a federally-chartered public sector university within a tireless struggle of eight months. At one stage, the commission also decided to issue the show cause notice to the Vice Chancellor, Air University, for non-appearance before the Commission on March 13, 2024.
The citizen in the appeal took the stance that he had submitted a request letter to the Air University on 30th August under the Right of Access to Information Act 2017. “Regrettably, despite several follow ups and lapse of time period (more than 24 working days), the requested information was not provided yet,” he stated.
Pakistan Information Commission, after the necessary examination of the complaint and evidence received, had summoned Vice Chancellor Air University to appear before the commission along with the case record on October 18, 2023. However, the public body started using delaying tactics through the legal counselor.
Air University, instead of providing the complete public record, took the stance in writing that: “This is a confidential document of organization and sharing of such information does not fall in domain of ‘right of Access to information’.” Moreover, the public body responded in an objectionable way that: “…an Ex-Employee is asking for under the umbrella of RTI by exploiting the law”, and: “…therefore, it cannot be disclosed.”
However, the appellant, in his rejoinder, emphasized that under the Right of Access to Information Act 2017, no public body is authorized to classify documents arbitrarily on the basis of own whims or caprice. “If a document or a part of it is to be confidential, the method of its classification is clearly mentioned in the RTI Act.” The appellant further argued that: “In several previous cases, the Honorable Pakistan Information Commission has ruled out that when a final decision has been taken by the concerned authorities on a matter, then the entire file, including the minutes, intermediary opinions, noting and remarks by concerned officials, becomes public document.”
In his appeal before the Commission, the citizen further stated that the Supreme Court of Pakistan has already barred the public bodies from using the vague term of ‘Competent Authority’, and thus, the name of Competent Authority must be disclosed under the RTI act. Through the information obtained, it is found that the Vice Chancellor, being the competent authority, gave the alleged approval in writing without following due procedure and in a slipshod manner.
It took almost eight months for Air University to finally surrender to the RTI law for providing the public record. “The appellant is at liberty to lodge a complaint for concealment of record with reasonable evidence in terms of the Right of Access to Information Act, 2017. The appeal is disposed of in terms of this order” the final order signed by Chief Information Commissioner Shoaib Ahmad Siddiqui and Information Commissioner Ijaz Hassan Awan concluded.
The citizen, showing his satisfaction, acknowledged the contributions of the Pakistan Information Commission to promote the culture of transparency, accountability and fairness among the public bodies, as well as to protect the public’s fundamental right to information granted under Article 19-A of the Constitution of Pakistan. “I believe that the role being played by the Commission to strengthen the rule of law is remarkable,” the citizen expressed.
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