Appeal No. Gist of the Order  Appellant Respondent Decision
052/06/19 FBR sought exemption on the grounds that information about total number of sanctioned posts, total number of employee’s male and female ratio of employees and total number of transgender and disabled employees would reveal confidential source of information. The commission maintained that mere referral to an exemption clause did not constitute justifiable reason for withholding information from disclosure. Mukhtar Ahmed Ali Federal Board of Revenue, Islamabad Download Order
033/03/19 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. Abdul Samad Sarla President, National Bank of Pakistan Download Order 
010/03/19 The public body said that Gross income of the channel (FM 101) for fiscal year 2017-18 as per audited accounts and Net assessed/declared profit of the channel could not be shared as financial statements were not finalised. The commission noted with grave concern that maladministration on the part of the public body had hampered the exercise of the right to information of a citizen as the financial statements of the public body pertaining to Financial Year 2017-2018 were not finalized as on 23/07/2019 and directed the public body to take steps to audit its financial statements. Ms. Faiza Hassan Pakistan Broadcasting Corporation Download Order
038/04/19 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. Naeem Sadiq Civil Aviation Authority Download Order
041/04/19 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. Naeem Sadiq Cantonment Board Clifton Karachi Download Order
015/03/19
018/03/19
020/03/19
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. Shumaila Hussain Shahani Federal Investigation Agency Download Order
071/06/19 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. Basharat Masih Pakistan Railways Download Order
074/06/19 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”. Akhter Mahmood Mian Chartered Accountant Lahore The Institute of Chartered Accountants Download Order
092/07/19 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 Shahbaz Akmal Jandran Pakistan Electronic Media Regulatory Authority Download Order
122/10/19 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. Faiza Hassan Pakistan Electronic Media Regulatory Authority Download Order
092-07/19 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. Shahbaz Akmal Jandran Pakistan Electronic Media Regulatory Authority Download Order
096-08/19 The commission maintained that Details of the inspections conducted by the Monitoring team of the EPA during last two years, along with the Name of building, premises etc, inspection date and report/observation of each inspection  falls within Section 5 (e)(f)  (h) and Under 6 (b) of the Right of Access to Information Act 2017.

 

Shehzad Ahmed Khan Pakistan Environment Protection Agency Islamabad Download Order
061/06/19 In the case of Mukhtar Ahmed Ali VS National Assembly, the commission maintained that the Public Information Officer claimed for himself the privilege of demanding certified copy of CNIC from the applicant which the Act does not specifically extend to a PIO. Through this Order, all Public Information Officers designated under Section 9 of the Right of Access to Information Act 2017 are directed not to demand the provision of certified copy of CNIC when an applicant mentions that s/he is citizen of Pakistan. A Public Information Officer can only demand production of CNIC when it is warranted by objective grounds, i.e. a request for information seems to have been filed from abroad. Mukhtar Ahmed Ali National Assembly Secretariat Islamabad Download Order
027-03/19 The information was sought about a copy of law/by-laws/ rules regarding the registration, regulation and monitoring of IGNOs and Foreign Funding Agencies, details of US based INGOs and US Government Funding Agencies and details of local NGOs and Private entities receiving funds from US based INGOs and Government /Funding Agencies.  The commission ordered the Ministry of Interior to provide the requested information as it was public information under Section 5 (b), (c), (d) and Under 6 (c) of the Right of Access to Information Act 2017. Mohammad Bilal Ministry of Interior Download Order
001-04/19 The commission decided that the requested information regarding individual tax payers/traders cannot be provided as it is commercially sensitive information belonging to the third party. Muhammad Muzammnil Baloch 1.   The Collector of Customs, Islamabad    (Respondents)

2.   The Chairman, FBR, Islamabad

Download Order
110/09/19 The commission decided that that minutes of the meetings are exempted from disclosure but final decisions of the public body are not exempted from disclosure. The commission order the public body to share final decisions after severing them from the portions of meetings minutes containing opinions of the participants along with the approved resolutions.

 

Ziauddin Ahmad Trading Corporation of Pakistan Download Order
137-10/19 The commission observed that a public body cannot ask an applicant to visit office to collect information and ordered to provide audit reports that have been finalized. Nadeem Umer National Energy and Conservation Authority Download Order
113-09/19 The commission observed that finalized enquiry reports are public documents and directed the Ministry of Climate Change to provide enquiry reports conducted against the officials / officers of Environment Protection Agency (Pak-EPA) from 1st Jan 2017 to August 01, 2019 that have been finalized. The Ministry of Climate Change was also directed to provide information about the implementation of the recommendations of the enquiry committee to the Appellant. Shehzad Ahmed Khan Ministry of Climate Change Download Order
159/11/19 The commission observed that the power rests with the persons who has the right and the ability to ask questions.  A public official cannot wrest this power from a citizen by asking reasons for providing the requested information. The Human Organ Transplant Authority was directed to provide finalized audit reports to the appellant. Nadeem Umer Human Organ Transplant Authority Download Order
068-06/19 The commission noted with grave concern that a designated Public Information Officer had caused inordinate delay in providing the requested information and as such hampered the exercise of the right to information of a citizen. The Ministry of Foreign Affairs was directed to provide information about the foreign visits undertaken by the Foreign Minister and his predecessors. Moonus Kayinat Zahra Ministry of Foreign Affairs Download Order
116-09/19 In this case, the Appellant exercised his fundamental and constitutional right of access to information in a matter of public importance affecting him not only in personal capacity but the requested information in the instant appeal is for public good. The commission ordered the Ministry of Housing and Works and the Federal Government Employees Housing Authority to provide certified copies of records pertaining to the final terms and conditions under which the contract for supply of water to the residents of sector G-14 was awarded this year. A H Nayyar Ministry of Housing and Works Download Order
051/06/19 The commission ordered the Senate of Pakistan Secretariat to provide information about total number of sanctioned posts, total number of employee’s male and female ratio of employees and total number of transgender and disabled employees to the appellant. Mukhtar Ahmed Ali Senate of Pakistan, Islamabad Download Order
037-03/19 In this case, the commission observed that the requested information “Master Plan of Port Qasim” is available at the official website of Port Qasim Authority as required under section (5) of Right of Access to Information Act 2017 and does not require certificate of authentication. Since the Appellant had requested for both hard and soft copies of the Master Plan of Port Qasim, the Respondent is directed to share with the Appellant hard copy of the master plan accompanying certificate of authentication as required under Section 13 (3) of the Right of Access to Information Act 2017, within ten (10) working days of the receipt of the order. Dr. Syed Raza Ali Gardezi Chairman, Port Qasim Authority, Karachi Download Order
144-11/19 In this case, the commission directed Metropolitan Corporation, Islamabad to provide certified copies of audit paras if included in the audit reports laid by the Auditor General of Pakistan before Public Accounts Committee for Financial Year 2016-17, Financial Year 2017-18 and Financial Year 2018-19 within 10 working days of the receipt of this Order. Shehzad Ahmed Khan Metropolitan Corporation Islamabad Download Order
140-10/19 Information was sought about the foreign transfers criterion of officers and the officers who were posted continuously on different types of foreign posts. The commission ordered Ministry of Foreign Affairs to provide the appellant specific and to the point information, as requested in his application. The commission ordered that the hard copy duty attested and certified by the Public Information Officer should be shared with the appellant within 10 working days of the receipt of this order. Umar Cheema Ministry of Foreign Affairs Download Order
106-09/19 Information was sought from an NGO about its development projects. The commission dismissed the appeal as requested information, other than the information pertaining to citizens and their addresses, was already proactively shared through the web site of the Respondent or was made available to the Appellant. Dr. Ghayur Ahmed Trust for Democratic Education and Accountability (TDEA) Download Order
171-11/19 SNGPL maintained that requested information could not be provided as it was not a public body. The commission decided that SNGPL is a public body as it is “engaged in the business of Transmission, Distribution and Sale of gas”. SNGPL receives public funds from national exchequer for the development of infrastructure for Transmission, Distribution and Sale of gas and receives public funds for the development of gas infrastructure to transmit and distribute gas. Muhammad Waseem Elahi Sui Northern Gas Pipelines Limited  (SNGPL) Download Order
042-04/19 The commission directed the Utility Stores to provide the requested information to the appellant as per his original request dated November 12, 2018 to the extent of procurement of rice only and related requested documents in this regard at the earliest but in any case not later than 20 working days of the receipt of the order with copy to this Commission. Muhammad Akram Utility Stores Corporation of Pakistan Download Order
183/11/19 Chairman NADRA was directed to take measures to deduct 15 days salary of the designated Public Information officer, Deputy Director (Media), imposed as a fine under Section 20 (f) of the Right of Access to Information Act 2017 by this commission for willful denial of requested information and submit compliance report to this commission by 06/03/2020. Furthermore, the Respondent was also directed to take immediate steps to proactively share through the web site all categories of information mentioned in Section 5 of the Right of Access to Information Act 2017 and submit the compliance report to the commission by 28/02/2020. Mukhtar Ahmed Ali National Database Registration Authority, Islamabad Download Order