Freedom of Information Law – Pakistan Freedom of Expression Monitor http://pakistanfoemonitor.org News with beliefs, thoughts, ideas, and emotions Tue, 24 Sep 2013 17:06:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.6 216189435 Right to information http://pakistanfoemonitor.org/right-to-information-6/ Mon, 23 Sep 2013 17:03:51 +0000 http://pakistanfoemonitor.org/?p=2169 Continue reading "Right to information"

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The Right to Information (RTI) article 19-A was inserted in the constitution under the 18th amendment for the people of Pakistan to get all information in matters of public importance but subject to regulation and reasonable restrictions imposed by law. The Government of Khyber Pakhtunkhwa recently passed an ordinance “The Khyber Pakhtunkhwa Right to Information Ordinance,2013″ (RTI) by the governor of the province and not by the provincial assembly and a launching ceremony was arranged for it to guide the legal fraternity, civil society, bureaucrats and politicians regarding this new law in a lavish hotel of the province.

Provincial Government claimed that this is the success of PTI to pass this law in the province which is recognized worldwide, however, the law passed by the governor has not yet been put on floor of the KPK Assembly. The law limited the ‘Right to Information’ for the citizen as now no court will interfere in the matters of information when an aggrieved person approaches them in either Constitutional Petition under article 199 or a civil suit as there exist an alternate remedy and proper forum created by the provincial government.

This will create number of complications for the petitioner and he has to wait long to collect the information from the public authorities.

Missing Persons is a very common issue these days and thousands of petitions are pending in the High Courts and Supreme Court of Pakistan. The people who are under suspicion of law enforcing agencies and are detained by them, after interrogation very few are set free; some remain missing for long period of time. RTI has now exempted the agencies to come up with the information regarding the persons who are confined with them as the disclosure will be harmful to the law enforcement agencies ( Section 16 can be referred). To sum up the argument, I would suggest that public body or department can be approached for information but the complaint/appeal should be left to the civil courts to lessen the burden on the public exchequer and the ordinance should be positively discussed on the floor of the assembly for constructive alteration and thereafter be passed as an act.

SAIFULLAH MUHIB,
Khyber Pakhtunkhwa

The Nation

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Senate body approves ‘freedom of information law’ draft http://pakistanfoemonitor.org/senate-body-approves-freedom-of-information-law-draft-2/ http://pakistanfoemonitor.org/senate-body-approves-freedom-of-information-law-draft-2/#respond Thu, 29 Aug 2013 15:44:59 +0000 http://pakistanfoemonitor.org/?p=1968 Continue reading "Senate body approves ‘freedom of information law’ draft"

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ISLAMABAD: The Senate committee on information and broadcasting on Wednesday approved the draft of a much-awaited “Freedom of Information Law”. The committee finalised the draft after eight months of deliberations. It ignored reservations of the defence authorities. The draft was prepared by the ministry on the recommendations of a sub-committee headed by Farhatullah Babar, the President’s spokesman.

It was decided that the committee chairman, Kamil Ali Agha, would move it in the Senate as a multi-party bill on Thursday. “I will submit the draft of the bill before Senate Secretariat on Thursday,” said Mr Agha while talking to Dawn.

In reply to a question about addressing the defence ministry’s (MoD) reservations, Farhatullah Babar said the Senate could not wait for long for the ministry’s reply.

The MoD had asked the Senate’s sub-committee on information to keep the bill pending till further orders of the defence authorities.

Later it asked the committee to incorporate a condition in the draft making it mandatory on anyone seeking official information to get a No Objection Certificate (NOC).

The committee, however, rejected the defence ministry’s point of view and approved the draft of the freedom of information law.

Senator Babar said the committee waited quite long for a letter from the ministry and then decided to approve the draft.

Mr Agha said the bill would give media and the common man access to all types of information – be it secret, classified, confidential or simple.

“Each and every government department comes under the ambit of the bill and they will have to provide all kinds of information to people,” said Mr Agha.

He said although the bill was not media-specific, the media will have more access to information than a common man.

Mr Agha said decisions of the government would be placed on websites. “Even appointments of officials and their perks and privileges will be placed on the website,” he said.

Under the law, government officials will provide information within 20 days or else a complaint may be lodged against him/her which will be decided by the head of the relevant department in next 20 days.

Asked about action against officials for non-compliance, he said the bill has proposed punishment to official/s for not providing the required information. “We also suggested punishment in this regard in the bill,” he added.

Pervaiz Rasheed, the minister for information and broadcasting, said the government believed in consensus and took decision after taking on board all stakeholders and cited the example of a similar bill adopted by the Punjab cabinet before the dissolution of assemblies.

The committee finally decided that the bill would be moved by its chairman Kamil Ali Agha on a private members day as a multi-party bill.

Later, the government will own the bill and present it in the cabinet for approval.

FIR AGAINST A PRIVATE TV CHANNEL: The committee condemned the registration of an FIR against a private television channel and decided to summon the Balochistan information secretary to record his statement on the unfortunate incident. The information minister told the committee that Balochistan Chief Minister Dr Abdul Malik had informed the court that the case was registered on the orders of the Supreme Court.

DAWN

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