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Order on Appeal No 1553-12/22 Pervez Said Vs Ministry of Foreign Affairs

This commission notes that the Minister-in-Charge has classified under Section 7 (f) of “2017 Act” requested” certified true copies of the recommendations given to the concerned Provinces for the issuance of hunting permits for Houbara Bustard between 2015 and 2021”.  However, the Minister-in-Charge has not followed the manner enunciated in the “the 2017 Act” to classify records by recording reasons as to why records cannot be disclosed.

As the Minister-in-Charge has not recorded reasons for classifying the requested information/record, this commission is left with no option but to determine as to whether disclosure of the requested letters written to provinces as to who could hunt and how many Houbara Bustards is in public interest and whether harm from disclosure of this information outweighs public interest.

While there are strong arguments for the disclosure of the requested information in public interest, this commission is also mindful of the obligation of the state of Pakistan to its people to keep the requested information shrouded in the veil of secrecy in the larger economic interest of the people of Pakistan. In short, the idea is right, the time is not, especially given the interplay between the economic interests of the people of Pakistan and the inter-state relations at the present moment. Hence, the requested information cannot be disclosed under Section 7 (f) and Section 16 (1) (ii) which states that information is exempted from disclosure if “its disclosure is likely to cause damage to the interests of the Islamic Republic of Pakistan in the conduct of International Relation”.

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Order on Appeal No 1512-12/21 Pervez Said Vs Ministry of Information Technology and Telecommunication

The citizen in the instant case has asked the Ministry of Information Technology and Telecommunication that What measures shave been taken to ensure that provisions of the 2021 Rules do not have the potential for the law to be abused and for citizens to take the law into their own hands as a way of self-policing?

Moreover, he also asked that what is the reasoning behind the requirement for Service Providers and Social Media Companies to provide information or data or content or sub-content of users to law enforcement agencies? How is this provision balanced with the right of privacy and the fundamental right to inviolability of dignity of man?

This Commission maintains that the information requested by the does not fall within the definition of the “Information” as defined in Section 2 (v) and (xii) of the Act.

The appeal is dismissed.

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Order on Appeal No 1287-08-2021 Pervez Said Vs Cantonment Board Clifton, Karachi

The bare reading of the request depicts that the information and record sought by the appellant is of public importance. Each public body is under compulsion to proactively publish including uploading over the internet in a manner to ensure its accessibility to the citizens, all the record detailed in section 5 of the Act.

The Executive Officer, Cantonment Board Clifton, Karachi is directed to furnish the appellant all the requested information, forthwith, but in any case not later than seven days of the receipt of this order.

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Order on Appeal No. 1293-08-2021 Pervez Said Vs Pakistan Defence Officers Housing Authority, Karachi

The appellant has desired the information pertaining to a dilapidated and dangerous condition of a building situated in Phase 7 (Extension), Pakistan Defence Officers Housing Authority, Karachi. He want to know the action taken against the dangerous building in question, remedial measures being taken to ensure public safety, process being followed to ensure that building, both commercial and residential, as well as amenity buildings, safety for the public and whether these processes were applied before and during the construction of the said building by DHA.

The appeal is allowed. The Designated Officer, Pakistan Defence Officers Housing Authority, Karachi is directed to provide the appellant the requested information pertaining to the building bearing address 67-C, Saadi Lane 6, Tariq Commercial, Phase 7 situated in Phase 7 (Extension), Pakistan Defence Officers Housing Authority, Karachi, forthwith, but in any case not later than seven days of the receipt of this order.

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Appeal No 1457-11/21 Pervez Said Vs Cabinet Division

As far as the requested information “Please provide a list of all gifts received by government/ Public functionaries from foreign states, dignitaries and others reported to the Toshakhana of the Cabinet Division since August 2018”, is concerned, this commission holds that this information not only be disclosed, the list should be made available on the web site of the Respondent.

So far as the requested information “Please indicate whether and how the said gifts have been disposed of under the procedure for the Acceptance and Disposal of Gifts laid down in Office Memorandum No.8/5/2017. TK dated 18th December, 2018 of the Cabinet Secretariat” is concerned, this commission also holds that the requested information should not only be disclosed to the Appellant, it should also be made available on the web site of the Respondent.

This commission is of the view that although the Respondent has filed petition in Islamabad High Court against the Order of the commission in Appeal No. 810-12/20 Rana Abrar Khalid VS Cabinet Division, the Honourable Islamabad High Court has not issued stay Order on the Order of the commission. As such, it is statutory duty of this commission to decide the instant appeal based on available record.

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Order on Appeal No. 242-02-2020 Pervez Said Vs Federal Board of Revenue

The appellant in his request has questioned the FBR authorities, whether the income tax recovery process has been initiated against Malik Riaz Hussain for the disclosed sum of £190 million of undeclared wealth in the United Kingdom, if not than how and when FBR plans to recover the same. The request is devised from the clipping of newspaper ‘DAWN’ dated December 03, 2019 which unveiled that Assets Recovery Unit confirmed that as a result of investigation by the National Crime Agency of the United Kingdom Malik Riaz Hussain has agreed to a settlement of amount worth £190 million. The clipping also linked it to the statement released from the office of Special Assistant to the Prime Minister on accountability Mr. Shahzad Akbar that Britain had agreed to an immediate repatriation of the funds received after settlement and hailed it as a success story of close cooperation between the United Kingdom and Pakistan law enforcement agencies and efforts made by Justice and Accountability partnership created between the two countries.

This Commission allowed the Appeal and directed the Secretary (DT-FATE) / Designated Officer, Federal Board of Revenue is directed to provide the appellant information as to whether the income tax recovery process has been initiated against Malik Riaz Hussain for the disclosed sum of £190 million of undeclared wealth in the United Kingdom, if not than how and when FBR plans to recover the same.

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Order on Appeal No 1345-09/21 Pervez Said Vs Capital Development Authority

This commission holds that the general query of seeking ‘reasons’ pertaining to the unregulated construction along the nullah in E-11/3 that caused the flood damage and resulting deaths constitutes ‘request for information’ under Section 11 (3) of the Act. While the Appellant has not specifically mentioned access to the enquiry report pertaining to this tragic incident, it is obvious that all such ‘reasons’ are documented in enquiry reports.

Public Information Officer, CDA is directed to provide enquiry report pertaining to the tragic incident mentioned in item (i) of the requested information in para 2 of this Order, records/information if it maintains pertaining to illegal constructions after the grant of first approval and information about specific officers who granted approvals and NOCs in E-11/3 to the Appellant at the earliest but not later than 10 working days of the receipt of this Order, with intimation to this office.

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Order on APPEAL NO. 705-11-2020 Pervez Said Vs Ministry of Information and Technology

The appellant requested information about the rules that have been enacted under PECA to allow its provisions to be used by state authorities within the limits of the Constitution and in a manner that does not breach Fundamental Rights including Article 10A and 19?, What measures have been taken by the Ministry and PTA to protect the rights of women generally, and women journalists specifically under the provisions of PECA and otherwise? How have their grievance against online harassment been addressed and what action has been taken against alleged offenders?

And what process and due diligence measures are taken by PTA when blocking online content? Are any reasons given to content owners when online content is blocked?

Pakistan Information Commission directed the Secretary, Ministry of Information and Technology to provide the appellant the requested information mentioned in para 1 of this order, forthwith but not later than ten days of the receipt of this order. The response should be based on record available indicating measures taken or not taken as per legal obligations of the respondent.

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Order on Appeal No. 987-04/21 Pervez Said Vs Ministry of Education and Professional Training

This commission is of the view that information about the total number of students between the ages of 5 and 16 currently enrolled in school nationwide, percentage of students who have been forced to drop out of school due to inaccessibility to internet services and devices, measures taken by the federal government to build the digital divide for school going children to ensure their education is not disrupted, measures taken by the federal government to ensure that school age children continue to receive education during the Covid-19 pandemic and measures taken by federal government to ensure that public school teachers receive the requisite training in order to be able to teach effectively during the pandemic is public information under the Right of Access to Information Act 2017 and should have been provided to the Appellant upon his request.

This commission takes strong exception to the fact that the Respondent has failed to respond to the duly sent notices of this commission. If directions of the commission in this Order are not followed, it will be left with no option but to invoke Section 20 (f) of the Right of Access to Information Act 2017.

 

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Order on Appeal No. 642-09-2020 Pervez Said Vs Defence Housing Authority, Karachi

The information related to the budget and accounts of the DHA, Karachi for the year 2019-20 has been sought by the citizen. The President, Defence Housing Authority, Karachi is directed to provide the requested information, matter of public importance.

 

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