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Order on Appeal No 1928-05/22 Suhaib Qaiser Vs. Pakistan Council of Scientific and Industrial Research

This commission maintains that there is no provision in the “2017 Act”, to create another official record, based on originally requested record, to share with the Appellant, if the public body decides that the originally requested record cannot be shared.
This commission holds that the record available with a public body is either a public record, if not hit by any of the exemption clauses of the Right of Access to Information Act, 2017, or, exempted record if hit by any of the exemption clauses of the “2017 Act”.
This commission also holds that the “2017 Act” does not accord blanket exemption to any record available with federal public bodies. The “2017 Act” envisages a situation wherein a document, which should be otherwise be made public but its parts may be hit by any of the exemption clauses of the “2017 Act’. In such an eventuality, the part hit by exemption clauses can be severed from the document as mentioned in Section 16 (1) (i) of the “2017 Act”.
This commission, after going through the content of the requested letter in in-camera proceedings, determines that it is a public document as it is not hit by any of the exemption clauses mentioned in Section 7 and Section 16 of the “2017 Act”.

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Order on Appeal No.1149-06/21 Suhaib Qaiser Vs Workers Welfare Fund

The commission determined that both the letter and the spirit of the Right of Access to Information Act 2017 dictate the provision of certified copies of latest death grant policy of the Workers Welfare Fund, Islamabad and latest policy regarding entitlement of deceased worker’s widowed sister for death grant to the Appellant. The disclosure of the requested policies is warranted under Section 6 (a) of the Act.

The commission observed that from the record available on the file it appears that the PIO interpreted from the request for information that the Appellant has sought information about a specific case.  Whereas the Appellant has sought access to the certified copy of the ‘latest policy regarding entitlement of deceased worker’s widowed sister for death grant’ famed by the Respondent and applicable in such cases.    

 

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