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Interim report about news leak cannot be made public, IHC told

By Malik Asad 2017-08-10
ISLAMABAD: A senior law officer of the federal government informed the Islamabad High Court on Wednesday that the investigation report about the controversy related to the news leak was an interim document and, therefore, could not be made public.

Deputy Attorney General (DAG) Raja Khalid Mehmood Khan said this during the hearing of a petition filed by former Principal Information Of ficer (PIO) Rao Tehsin.

Mr Tehsin through his petition had sought a copy of the inquiry report so that he could know the exact nature of allegations levelled against him on the basis of which he was removed from his post.

On Oct 6, 2016, the news report was published in Dawn headlined `Actagainst militants or f ace international isolation, civilians tell military`. The federal government ordered a probe into the matter following tension between civil and military leadership.

Consequently besides Mr Tehsin, the then information minister Pervez Rashid and the PM`s special assistant, Tariq Fatemi, lost their jobs.

In the light of the report prepared by the inquiry committee, the secretary to the prime minister issued directions on April 29, 2017 that `Rao Tehsin Ali Khan, the PIO of the Ministry of Information, shall be proceeded against (Efficiency and Discipline) Rules, 1973, on charges based on hndings in the instant report`.

Later, the Establishment Division issued a notification relieving the petitioner of his duties and directing him to report to the division.

On May 3, the petition said, a notification was issued by the Information and Broadcasting Division, stating that the petitioner had been relieved ofhis dudes asthe PIO.

It said the petitioner did not know till today the findings of the inquiry committee or the reason behind the `harsh action` taken against him thatresulted in stigma and public humiliation for him and his family, and affectedhis service career.

The counsel said that the petitioner also filed an application before the interior secretary, asking him for a copy of the inquiry report but got no response. Later, he added, two more applications were filed on May 2 and May 13, but to no avail.

DAG Mehmood Khan explained before the court that as per sub-section C of Section 8 of the Freedom of Information Ordinance, 2002, interim report or opinions were not public documents and, therefore, could not be disclosed.

Citing an earlier order of the IHC, Mehmood Khan said the high court had already observed that such documents might not be disclosed.

He argued that since Mr Tehsin had not been charge-sheeted as yet, he could not be given the relevant material.

However, he said, after issuance of the charge-sheet and commencement of inquiry proceedings, Mr Tehsin might be given all necessary documents to defend allegations.

The court then adjourned the hearing till second week of September.