Punjab removes...
2023-02-16
LAHORE: The Punjab government has removed the Punjab chief information commissioner (CIC) and the information commissioner of the Punjab Information Commission.
Punjab Information and Culture Department notifications state that Chief Information Commissioner Mahboob Qadir Shah, Information Commissioner-I Dr Arif Mushtaq and Information Commissioner II Shaukat Ali were removed from their posts on Feb 13.
However, another notification issued on Feb 14, withdrew the removal ofInformation Commissioner II Shaukat Ali.
Mr Shah and Dr Mushtaq approached the court against their removal from the posts.
Earlier, Mr Shah had written a letter to President Dr Arif Alvi to play a role in ensuring that the amendment to the Right to Information (RAI) Act 2017 is rejected and that the act is strengthened to allow citizens easy access to maximum information.
The letter voiced worry about the private member`s bill and declared it to be contradictory to fundamental human rights and participatory democratic values.
`In case, secretariats of the Senate and the National Assembly are excluded from the definition of a public body, it would erode the elements of participatory democracy.
The letter was sent to President Dr Alvi, Senate Chairman Sadiq Sanjrani, National Assembly Speaker Raja PervaizAshraf, Standing Committee Chairman Faisal Javed Khan and the secretary to the Law and Justice Division.
The president was urged to use his good office for the safeguarding of fundamental rights enshrined in the constitution of Pakistan.
Mr Shah demanded the intervention of the president to safeguard the constitution.
`The private member bill aimed at depriving the people of the fruits of said right keeping them out of the process of law-making and function of Parliament.
The letter states that the private member bill aims at excluding the Secretariat of the Senate and National Assembly from the definition of `public bodies`. A public body is one which deals with public matters and is run by public funds as such both secretariats of the Senate and National Assembly undisputed qualify as public bodies.
The Senate and the National Assemblydeal with law-making and it is a matter of public importance duly mentioned in Article 19/A of the Constitution.
`If the private member bill is carried out, it shall be a solitary example, in the comity of nations that the secretariats of parliament will be excluded from the definition of the public body.
The letter states that the bill employed another argument that the worl< of parliament is extremely significant, and highly sensitive involving the privacy of the institution, therefore, liable to be excluded from the definition of the public body. `Article 19/A declares only such matters as the subject of RTI law which are of great public importance, thus, the functions of Parliament, by all means, qualify as such. The citizens are the ultimate beneficiary of the law, therefore, they are most concerned with knowing the procedure, functions and product of Parliament and the lawmaking process cannot be completed without their participation.
It states that RTI law exempts disclosure of information at the premature stage.
`The Act aims at the disclosure of only such public information which is enforced, issued or used by the public body in the discharge of its functions.
In addition, any information relating to the use of public funds or exercise of executive authority is also liable to be disclosed.
The letter states that the private member bill employed a third argument: Article 69 provides sanctity to parliament.
`Article 69 immunizes only to question any proceedings of Parliament before the court of law and Article 69 has no clash with Article 19/A of the Constitution. All Provincial Assemblieswhile legislating RTI laws also followed the suit by including the Secretariats of their respective Assemblies in the definition of the public body.
It states that the bill is at variance with the spirit of the Constitution and it would be against the fundamentals of democracy. `Freedom of Speech and Expression under Article 19 and Right to Information under Article 19/A is constitutional to ensure the participation of people making the democracy a purposeful exercise.