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Order on Appeal No 232-07/20 Naeem Sadiq Vs Election Commission of Pakistan

The Appellant requested information from the Election Commission of Pakistan relating to the expenditure on the General Elections. The Public Body was directed to provide the requested information to the Appellant as it falls under Section 6(a), (b) and (c) of the Right of Access to Information Act 2017.

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Appeal No. 092-07/19: Shahbaz Akmal Jandran Vs Pakistan Electronic Media Regulatory Authority

The commission maintained that information about budget allocated to PEMRA Headquarters since 1st July 2017 to date for POL, especially for repair, maintenance of vehicles and oil change etc and information as to how much budget was consumed fell within Section 6 (a) (b) and (c) of the Right of Access to Information Act 2017. The commission also held that while information about total number of on-going enquiries can be provided but names of persons who are subject of enquiries cannot be disclosed.


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Appeal No. 074/06/19: Akhter Mahmood Mian Chartered Accountant Lahore Vs The Institute of Chartered Accountants

The commission observed that this case brought to the fore interdependence and permeability of fundamental rights. The commission maintained that the reliance of the Respondent on Rules of the Framework of Quality Control Review (QCR) Program 2015 is untenable when juxtaposed with Article 8 of the Constitution and Section 25 of the Right of Access to Information Act 2017 as these Rules are in contravention to Article 10A which states that “For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process”.


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Appeal No. 122/10/19: Faiza Hassan Vs Pakistan Electronic Media Regulatory Authority

The PEMRA refused to provide requested information about the copy of the application for request of license by First Media Services – FMS Private Limited (which operates FM 100 in Karachi) and the state of qualification submitted by First Media Services – FMS Private Limited for purpose of issuance of license. The commission maintained in its Order that the constitutional right of access to information in matters of public importance encompasses information pertaining to those who are licensed to provide information to citizens about matters of public importance because each media organisation has a certain world view, an ideology which it ends up preaching to the citizens while providing information. Therefore, citizens have every right to know about the media organisations so that they could know what is the narrative of those who are trying to shape their narrative.


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Appeal No. 071/06/19: Basharat Masih Vs Pakistan Railways

The commission took exception to the fact that PIO asked to the appellant to visit office to collect the requested information. The Right of Access to Information Act 2017 extends to the whole of Pakistan and any of the citizen of Pakistan living anywhere in the country can seek information from any federal public body. There is no provision in the Right of Access to Information Act 2017 which allows Public Information Officer, (PIO) to ask an appellant to appear in person to collect the requested information and directed the public body to provide the information about the job quota for minorities.


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Appeal Nos. 015/03/19,018/03/19,020/03/19: Shumaila Hussain Shahani Vs Federal Investigation Agency

The commission maintained that The FIR is a public document which is available at the Police Station, SP office and in the Court of Magistrate. Once the document (FIR) is submitted before the SP office and Court of Law, it becomes a public document and any person can ask for a copy of the same. The commission also maintained that the information pertaining to the total number of persons arrested in a particular crime is neither barred from disclosure under the Police Rules 1934 nor exempted under the Right of Access to Information Act 2017 and that the requested information may reveal type, nature and frequency of Cyber Crimes committed in the country without compromising autonomy of F.I.A in its investigation of Cyber Crimes.


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Appeal No. 041/04/19: Naeem Sadiq Vs Cantonment Board Clifton Karachi

The commission maintained that the plea of the Respondent to dismiss the appeal on the ground of lis alibi pendens did not hold water as because the appeal pertains to information held by public body; and that the Appellant had submitted that “We have no case in any court against CBC for not providing us the information under RTI”. The commission maintained that the requested information pertaining to the provision of “true copy of the last three years’ contracts signed between Cantonment Board Clifton, (CBC) and the contractors/Thekedars” is declared public records under Section 6 (c) of the Right of Access to Information Act 2017.


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Order on Appeal No 038-04/19 Naeem Sadiq Vs Civil Aviation Authority

The commission maintained that the requested information pertaining to “true copy of the last 2 years’ contracts signed between Civil Aviation Authority and its contractors for providing cleaning / janitorial services at the Jinnah Airport Karachi” is declared public records under Section 6 (c) and that the public body is legally obligated to proactively disclose through its web site the requested information about the salary offered to the employees of the public body and the duties assigned to them under Section 5 (a) (b) (c) and (d) of the Right of Access to Information Act 2017.

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Order on Appeal No 010-03/19 Ms. Faiza Hassan Vs Pakistan Broadcasting Corporation

Pakistan Broadcasting Corporation was directed to take steps audit its financial statements, share the same with the appellant once audited and submit the compliance report to the commission.

The respondent is also directed to notify public information officer as required by Section 9 of the Right of Access to Information Act 2017 and share the notification to this effect with the commission.

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Appeal No. 033/03/19: Abdul Samad Sarla Vs President, National Bank of Pakistan

NBP maintained that service record of the bank employee could not be shared under State Bank of Pakistan Prudential Regulation M-3 regarding record retention and that such records were kept only for five years. The commission maintained that service records of an employee are public records under Section 6 (c) of the Right of Access to Information Act 2017 and Section 2 (2) (e) of the National Archives Act, 1993 and not financial transactions carried out by a bank in its normal course of functions.


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