The appeal is allowed. The Public Information Officer, Pakistan Telecommunication Authority, (PTA) is directed to provide the Appellant following requested information:
- “Total number of complaints received against TikTok application (province and district wise break-up).
- Copies of the letters/emails sent to the TikTok App management in this regard.
- Copies of the letter(s)/email(s) received from the TikTok App Management.
- Copies of the notes and minutes of meeting in which it was decided to ban the TikTok Application”.
The commission observed that even plain reading of Section 7 (a) and (b) suggests that ‘noting on the files’ and ‘minutes of the meeting’ are given qualified and not absolute exclusion from disclosure. Exclusion of ‘noting on the file’ and ‘minutes of the meetings’ is subject to a final decision. As such, ‘noting on the file’ and ‘minutes of the meeting’ cannot be shared during the deliberative process. 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 final decision has been taken, reflect the quality of input by different officers which become 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 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.
This commission is of the view that the disclosure of ‘file notings’ and ‘minutes of the meetings pertaining to the imposition of ban on Tiktok application will contribute to Making government more accountable to citizens, 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.