Centre for Governance and Public Accountability (CGPA) has supported the recommendations of Khyber Pakhtunkhwa Right to Information Commission regarding amendments to Khyber Pakhtunkhwa Right to Information Act 2013. These recommendations are related to inclusion of Khyber Pakhtunkhwa provincial assembly and Peshawar High Court in the KP RTI ambit, appointment of information commission within 30 days in case of vacancy, and making Peshawar High Court as appeal court against decisions of the Information Commission.
Muhammad Anwar, Executive Director CGPA, stated that KP government should soon fulfil its public pledge to include KP assembly in the purview of RTI law. Peshawar High Court (PHC) is not included in the list of public bodies from which information can be accessed under the KP Right to Information Law. The KP RTI Commission has recommended that the current definition of "Public Body" in law shall be expanded so as to include PHC in it, just like Punjab Transparency and Right to Information Law.
The RTI Law does not bind the government to appoint a new commissioner, once the position gets vacant. KP RTI Commission has recommended that the government should be bound by law to appoint a new commissioner in case of vacancy within 30 days. This provision will ensure that the position does not lay vacant and the functions of the Commission are not hindered.
Regarding the appeal court against the Commission's decision to be PHC, Anwar stated that only constitutional courts have the power to redress grievance as a result of violation of a fundamental right, therefore the decision of the information commission should only be challenged through writ petition in Peshawar High Court. He added that in case district court are empowered to reverses the decision of information commission, it will hamper the Commission core responsibility in facilitation and encouragement of, promptly and at the lowest reasonable cost, the disclosure of information to public.
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