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Appeal No 2099-08/22 & 2157-08/22 Ali Abbas Khan Vs Capital Development Authority & Federal Investigation Agency

The Respondent-1, CDA has submitted before this commission that “the said inquiry was conducted by the FIA so full details of the investigation may be sought from the said agency”.

This commission holds that the records available on the file suggests that the Respondent-2, FIA closed the enquiry and the matter was transferred to CDA to conduct any enquiry, if needed with all the relevant records. This means that final action, if any, on this enquiry has been taken by the Respondent-1, CDA and it is the custodian of this enquiry report.

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Order on Appeal No 1991-06/22 Ali Abbas Khan Vs Federal Investigation Agency

FIA was directed to provide the Appellant copy of the search warrant, if it conducted raid at his home, if not, state in writing that no such raid was conducted by the Respondent, at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

This commission concurs with the Respondent, FIA that the requested information/records pertain to an on-going Enquiry and as such cannot be provided to the Appellant at this stage.

This commission also holds that the Appellant has the right of access to the copy of the search warrant in case the Respondent, FIA raided his home as alleged by the Appellant. If no raid took place, the Respondent, FIA is bound to state that as per record available, no raid was conducted by the Respondent, FIA.

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Order on Appeal No E182-11/21 Imdad Hussain Vs Federal Investigation Agency, Ministry of Interior, Cabinet Division

This commission maintains that though the sugar enquiry report is in possession of FIA, Cabinet Division is the custodian of this enquiry report for the purposes of the Act, 2017 as it has propriety rights of this report.
This commission holds that the Act, 2017 does not only treat finalised enquiry reports as public documents, it requires federal public bodies to proactively publish these finalised enquiry reports on their web sites through its Section 5 (1) (i).
This commission maintains that the Act, 2017 does not provide blanket exemption to any finalised enquiry report.
This commission holds that merely because certain portions of a finalised enquiry report and its ancillary documents may contain information/records which may be hit by exemption clauses of the Act, 2017, it does not mean that it can be exempted from disclosure in its entirety.
The Act, 2017 envisages a situation wherein a document, which should be otherwise be made public but its parts may contain exempted information. In such an eventuality, part(s) containing information to be exempted can be severed, or, blanked out from the document as mentioned in Section 16 (1) (i) of the Act, 2017.
This commission also holds that if Respondent-3, Cabinet Division determines that certain portions of the requested finalised enquiry report, or, certain portions of any of its ancillary documents are hit by any of the exemption clauses of the Act, 2017, the Respondent-3 is required to record specific reason(s) to justify exemption of the portion by invoking the particular exemption clause of the Act, 2017.

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Order on Appeal No 1680-01/22 Saddia Mazhar Vs Federal Investigation Agency

This commission maintains that the Act, 2017 does not provide blanket exemption to an FIR.

This commission holds that merely because certain portions in an FIR may contain private information about an identifiable individual, it does not mean that an FIR can be exempted from disclosure in its entirety.

The Act, 2017 envisages a situation wherein a document, which should be otherwise be made public but its parts may contain exempted information. In such an eventuality, part(s) containing information to be exempted can be severed, or, blanked out from the document as mentioned in Section 16 (1) (i) of the Act, 2017. However, in such a scenario, the public body is required to cite specific reason(s) for invoking the particular exemption clause of the Act, 2017.

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Order on Appeal No: 1509-12/21 Saddia Mazhar Vs Federal Investigation Agency (Cyber Crime Wing)

In the instant appeal, the appellant requested information regarding the action taken on her complaint filed to the Cyber Crime Wing of the Federal Investigation Agency.

She had also requested the information about total number of the complaints received under Section 20 of Prevention of Electronic Crimes Act 2016 so far, also provide total number of the complaints decided so far and total number of FIRs registered by FIA Cyber Crime Wing, also provide copies of the FIR registered.

This Commission allowed the appeal and directed the Director (Admin) / Public Information Officer, FIA Cyber Crime Wing to provide complete information mentioned to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

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Order on Appeal No 1271-08-2021 Zahid Hussain Wasim Vs Federal Investigation Agency

The appellant has desired the copy of investigation report pertaining to Enquiry No. 39/21 (Banking Fraud) against his complaint # PU 291020-87522137 on Pakistan Citizen Portal and notice dated 22-03-2021 under section 160 of Criminal Procedure Code (CrPC) (police-officer’s power to require attendance of witnesses), requires the accused to personally appear before the FIA.

This Commission allowed the appeal and directed the Director, Federal Investigation Agency, Lahore to provide the appellant the requested information/record forthwith but in any case not later than seven days of the receipt of this order.

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Order on Appeal No 1357-09/21 Hussain Jahangir Vs NTDCL and Federal Investigation Agency

The Appellant sought information from the Respondent, NTDCL about steps taken on the enquiry sent by Federal Investigation Agency.

The FIA, in its communication with NTDC asked NTDC “to probe the matter” and also shared relevant documents.

Federal public bodies are legally bound to share with the citizens of Pakistan all ‘finalised enquiries. As such, the Respondent, NTDC is bound to share with the Appellant steps taken to conduct enquiry on the communication of FIA stating ‘to probe the matter’ and if the enquiry report has been finalised, share its certified copy with the Appellant.

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Order on Appeal No.1060-05/21 Zahid Gishkori Vs Federal Investigation Agency

This commission concurs with the arguments raised by the Respondent that the disclosure of requested information pertaining to the investigation FIA started against those officials involved in issuing bogus visas to Chinese nationals is not warranted by the cited provisions of the Act and its disclosure may harm an on-going investigation rather than serving any public interest.

This commission also holds that while the Respondent, FIA is not legally bound to disclose information about the on-going investigation into FIA started against those officials involved in issuing bogus visas to Chinese nationals, it is legally bound to publish on its web site finalised enquiry report pertaining to this matter as required under Section 5 (1) (i) of the Act.

 

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Order on Appeal No.1035-05-2021 Yasin Abdul Nasir Butt Vs Federal Investigation Agency

The appellant has specifically asked for the copy of notification issued by the FIA in compliance with the direction of the Honourable Supreme Court of Pakistan in CP No. 1331/2017 vide order dated 8.5.2017. He want the detail regarding enquiries, minutes of meetings conducted by FIA, checklist and terms of reference (TOR)’s devised by the FIA in the meeting held on 21.7.2017. The reply of the respondent is neither specific nor satisfactory. The appellant has requested the requisite information for defending the criminal enquiry faced by the administration of P&D housing society. The FIA authority has summoned the administration of the society to join for the enquiry/investigation therefore the representatives of the society has the legal and constitutional right of fair trial and for availing their remedies provided under the law.

The Public Information Officer, Federal Investigation Agency is directed to provide the appellant the requested information forthwith but not later than seven days of the receipt of this order.

 

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Order on Appeal No. 703-11/20 Muhammad Umair Amjad Vs Federal Investigation Agency

The Respondent is directed to provide the requested information to the Appellant, with intimation to this office, at the earliest, but in any case, not later than 10 working days of the receipt of this Order.

 

“1.      List of successful candidates called for interview showing their Roll No, Marks & Qualifications.

  1. List of candidates appeared for interview and their marks.
  2. Final Merit list of successful candidates”.

This commission is of the view that the only locus standi required under the Right of Access to Information Act 2017 for seeking information from a public body is to be citizen of Pakistan which the Appellant has already established. The disqualification of the Appellant on the basis of less accumulative marks does not disqualify him from seeking information about the marks obtained by other successful candidates. In fact, the disclosure of the requested information about the marks obtained by the successful candidates would shed light on the level of transparency adopted in the entire recruitment process and hence help achieve stated objectives of the Act enunciated in its Preamble. which are as under:

 

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