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Order on Appeal No 1418-10/21 Azaz Syed Vs Ministry of Foreign Affairs

In the instant appeal, the Appellant has sought access to policy “to remove access barriers at the work place so that the officers with different disabilities could perform their official duties on equal basis with others”, those official duties include, inter alia, getting ‘access to official records in the performance of the official duties. Furthermore, ‘access’ needs of persons with disabilities are characterized by the nature of their different disabilities and can only be ensured through reasonable accommodations clearly spelled out in a legally binding policy document.

the Respondent informally shared the draft ‘Disability Index’ aimed at formulating policy guidelines to facilitate rights of persons with disabilities demonstrates that the Respondent is moving from ‘discretionary measures’ approach to adopt a legal and rights based inclusive approach to provide enabling environment to officers with disabilities so that they could perform their official functions on equal basis with others, including the right of access to information/records.

While the draft ‘Disability Index’ is a step in the right direction and shows the intent and efforts of the Respondent MoFA to provide enabling environment to its officers and staff with disabilities, a cursory analysis of both its language and the content highlights the need to involve input from officers and staff with disabilities and those officers of the Respondent who have extensive experience of working on human rights issues as the language and content both are in contravention of domestic legal and policy obligations and international commitments.

Moreover, a ‘Disability Index’ cannot replace a formal legally binding policy document formulated in line with domestic laws and policies and international commitments.

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Order on Appeal 660-10/20 Azaz Syed Vs Inspector General of Police, Islamabad

The Inspector-General of Police, Islamabad is directed to provide the following information to the appellant seven days of the receipt of this order.

  •  Total number of cars and motorcycles stolen from Jan 2008 to 31 Dec 2013 in Federal Capital along with the details about total number of people convicted and total number of cars recovered.

 

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Order on APPEAL NO. 266-02-2020 Azaz Syed Vs Ministry of Water Resources

Ministry of Law and Justice is directed to provide the appellant complete list of lawyers/Law firms engaged by the Ministry, list of cases assigned to each lawyer/law firm and the amount paid to each of them from 1.1.2008 till 31.12.2018.


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Order on Appeal No 267-02/20 Azaz Syed Vs Ministry of Water Resources

The Ministry of Water Resources was directed to share requested information “From which year government of Pakistan started collecting Neelum-Jhelum surcharge fee through electricity bills. Provide year wise list of total amount collected till December 31, 2018”. The ministry was also directed to notify Public Information Officer, (PIO), under Section 9 of the Act, put the notification to this effect on its web site as required under Section 5 (1) (b) of the Act, put name, designation and contact details of the PIO on its web sites as required under Section 5 (1) (h)of the Act and submit compliance report to the commission within 10 working days of the receipt of this order. The ministry 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 02/10/2020.

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Order on Appeal No 279-02/20 Azaz Syed Vs. National Database and Registration Authority

The commission held that NADRA collects data about citizens, on the behalf of citizens and for the citizens. It is custodian of this data and not its owner.

This commission is of the view that Section 25 of the Act overrides all other laws including that of NADRA when it comes to matters of deciding which information should be made available and which should be exempted from disclosure. The Right of Access to Information Act 2017 contains adequate provisions to ensure that the sensitive data available with NADRA is exempted from disclosure. Furthermore, the Act also requires public bodies to record reasons in writing in case where harm from disclosure of information outweighs public interest. This commission is of the view that let alone causing any harm, the disclosure of requested information available with the NADRA about total number of transgender people in the country would enhance public interest.

 

The designated PIO, NADRA was directed to provide the requested information to the Appellant about total number of transgender people registered with NADRA. NADRA was 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 28/09/2020.

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Appeal No 285-02/20: Azaz Syed Vs Federal Investigation Agency (FIA)

FIA was directed to provide requested information about “Total number of registered cases of human trafficking from Pakistan to abroad during the year January 2008 to December 2018. Give a year wise list of people arrested and convicted against the registered cases”. FIA was also directed to put contact details on its web site of the designated Public Information Officer, and take immediate steps to proactively share through the web site all categories of information mentioned in Section 5 of the Act.


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Appeal No. 274-02/2020: Azaz Syed Vs National Database and Registration Authority

The commission directed the National Database and Registration Authority (NADRA) to provide the information pertaining to the number of ID card holders and total number of people who are disable ID card holders, segregated by gender and disability of each person, to the Appellant, in accordance with the Right of Access to Information Act 2017.


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Appeal No. 280-02/2020: Azaz Syed Vs NADRA

The Commission maintained that the requested information pertaining to the ‘list of all minorities registered at National Database and Registration Authority (NADRA) and total number of people holding ID cards in each minority’ falls within Section 5 (a), 5 (k) and 6 (c) of the Right of Access to Information Act 2017.


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Appeal No. 281/02/2020: Azaz Syed Vs Federal Investigation Agency

FIA was directed to Provide the year wise and gender-wise total number of cyber claims registered since January 2008 to January 2019, list of arrested and convicted persons against each case and to provide a list of total sanctioned posts in all departments of FIA and total and number of vacant post in all departments of secretariat. Give a department-wise list.


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Order on appeal No. 284-2-2020 Azaz Syed vs Ministry of Law and Justice

Ministry of Law and Justice is directed to provide the appellant complete list of lawyers/Law firms engaged by the Ministry, list of cases assigned to each lawyer/law firm and the amount paid to each of them from 1.1.2008 till 31.12.2018.

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