Lahore High Court (LHC) has issued notice to the federal government for not appointing "Information Commission" under the Right of Access to Information Act, 2017 (ROAIA), which is obligatory on the part of Prime Minister to appoint within six month from the commencement of 'ROAIA'.
It is reliably learnt that petition has been moved by tax lawyer Waheed Shahzad Butt with the request that petitioner is a taxpayer citizen of Pakistan. Being an Advocate is a stake holder among other citizens for upholding principles and provisions contained in Article 19A of the Constitution. Through present petition the petitioner questions the working/silence on the part of Respondent (FBR) not to entertain fully lawful request of the Petitioner to seek some crucial information under Article 19A of the Constitution about the state sponsored immorality.
When contacted petitioner Waheed Butt told this correspondent that under the 'ROAIA', within six months of the commencement of this Act 'ROAIA', the Prime Minister shall establish Pakistan Commission on Access to Information to be known as the Information Commission. The Information Commission shall comprise three Commissioners to be appointed by the Prime Minister.
Petitioner states "Article 19A of the Constitution enables citizens of Pakistan to ask for publicly-held information as a matter of constitutional right. It enables citizens to have access to public records. Its purpose is to ensure transparency and promote good governance by making government more accountable and open. It is also meant to make government more efficient and citizen-friendly in delivering public services. The public has a right to know everything done by the public functionaries, subject to any restriction imposed by law. The responsibility of public functionaries is to disclose information pertaining to corruption and malpractices. As a rule, information of public interest must be disclosed with minimum delay. Article 19-A of the Constitution enabled every citizen to become independent of power centre to seek information on matters of public importance.
LHC order states "Petitioner states that an application was filed with respondent which was to be decided within a period of 10 days under the Right of Access to Information Act, 2017 but respondent is not deciding that application within that time. Petitioner admits that under the law he could approach the Information Commission set up, however, the members of the Commission have not been appointed and so the Commission is not functional.
LHC ordered to issue Pre-admission notice to the respondents. D.A.G, present on Court's call, accepts notice on behalf of respondent. Learned D.A.G. shall seek instructions as to whether Information Commission is functional or not, LHC added.