The Senate Standing Committee on the Right to Information Act-2016 (RTI-2016) deferred the points pertaining to the access to information with respect to the integrity, security or defence of Pakistan, while suggesting amendments in the Official Secret Act, 1923.
The committee undertook the discussion on RTI Act 2016 referred by the House. The meeting was chaired by Senator Farhatullah Babar. The committee chairman said the committee needs to define a line which can distinguish between sensitive and secret information, which cannot be shared and what can be shared keeping the national security in view.
The purpose of this act is to provide the right to information in a rapid and low-cost manner, subject only to reasonable restrictions established by the law, thus it is needed to define which information can be shared, said the chairman.
He said that in the government institutes the files under classified terms are not supposed to be shared and thus anyone can take advantage of the term "classified", which restricts the right to access information.
Explaining the restrictions, he said once a senator raised a question in Senate regarding Kargil inquiry and in response it was told the information cannot be shared due to the sensitivity of the matter causing security issues.
Since government employees submit their annual asset returns in their offices, another senator inquired if the army employees submit asset details in GHQ or not, the response was same ie this is sensitive secret information and can cause security issues, he added.
He said the access to information regarding government institutions and state affairs can strengthen the national security. Babar recommended including not only Parliament, federal government institutions and courts in public bodies but also those NGOs which are funded by the public and are registered under the law of Pakistan.
They observed that there is a need of amendments in Official Secret Act 1923. On which it was informed by the ministry that Cabinet Division had already explained it in the written form where directions from the federal government have also been mentioned. Moreover, neither was it objected nor was it challenged in the past.
Babar was of the view that suggestions should be proposed after examining this act threadbare; adding if the government has given exemption to it then the exercise on access to information would be a futile one.
He further said the matter of access to information with regard to other countries should be observed in the light of Johannesburg Declaration and the laws of those countries.
State Minister for Information & Broadcasting, Marriyum Aurangzeb said the purpose of the bill is to ensure the right of citizens to access to information, adding that all suggestions presented by the committee would be included in the bill. Moreover, she said they cannot provide information regarding defence, national security and international relations, adding that 1923 Official Secret Act should be examined in this regard. She said they are comparing the laws of other countries in this regard and once some development happens, all its details will be shared with the committee. She said firstly in case of complaints, the people will file their appeals with the Information Commission.
Babar said the citizens should enjoy access to information regarding dissent notes of an employee before taking any decision, adding most of the government employees deliver a decision or decree on pressure.
On which Marriyum Aurangzeb replied that citizens will have access to these details before issuance a decree or a decision.
Senator Hidayatullah said that jurisdiction of this bill would not be up to Federally Administered Tribal Areas (FATA).
The chairman committee said when the bill will be approved from the center then President of Pakistan will issue regulation in this regard.
Among others the meeting was attended by Nihal Hashmi, Pervez Rasheed, Syed Muzaffar Hussain Shah, Hidayatullah, Khushbakht Shujaat, Robina Khalid, Kamil Ali Agha, Marriyum Aurangzeb and other senior officials of the Ministry of Information and Broadcasting.
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