After Three Years, KPIC Still Fails to Ensure Access to Public Record
The Khyber Pakhtunkhwa Information Commission has failed to ensure the provision of information to a citizen from the Superintendent of Central Prison Mardan despite the lapse of more than three years, raising serious questions about the commission’s effectiveness in safeguarding citizens’ right to information.
According to details, Mr. Muhammad Naeem, a resident of Mardan, submitted an information request to the Superintendent, Central Prison Mardan on October 5, 2022 under the Right to Information Act, 2013.
In his request, he sought comprehensive information related to prison administration and transparency from 2019 to date. The requested information included the official capacity of Central Prison Mardan to accommodate inmates, the present prison population and a list of under-trial prisoners.
He also sought details of profits earned from the prison tuck shop, Public Call Office (PCO) and dry bread, including information about who was operating these facilities and the particulars of dry bread contractors.
The applicant further requested information about the operation of the canteen at Mardan Jail, specifically whether it was being run by an external contractor or by officials working inside the jail, along with complete contract details.
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Other information sought included the number of prisoners suffering from or infected with tuberculosis (TB), HIV and Hepatitis A, B and C, and whether prisoners suffering from TB and HIV were kept separately from healthy inmates. Mr. Naeem also asked for details regarding cases of drug supply to detainees, including the number of prisoners, visitors and prison officials found guilty, the quantity of charas, ice and mobile phones recovered, and the number of FIRs registered in this regard. He further sought information on how many of those accused were convicted, bailed out or discharged.
In addition, the request included details about inmate deaths in the Central Prison Mardan hospital along with the inquiries conducted into those deaths. He also requested information regarding doctors working in the jail hospital who were surrendered to the health departments, along with correspondence exchanged between the concerned health departments.
Allegedly, the requested information was not provided within the stipulated time period prescribed under the Right to Information Act, 2013. As a result, Mr. Naeem filed a formal complaint before the Khyber Pakhtunkhwa Information Commission. Under the law, the commission is bound to decide such complaints within 60 days. However, despite the passage of more than three years, the commission failed to ensure the provision of information to the applicant.
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After a prolonged delay, the commission finally issued an order on December 10, 2025, directing the Superintendent, Central Prison Mardan to submit a parawise reply to the commission within seven working days, except for information mentioned in paragraphs 1, 3 and 8 of the original request.
These excluded paragraphs relate to the prison’s capacity and present population along with the list of under-trial prisoners, details of who is operating the canteen at Mardan Jail and the nature of its contract, and information regarding doctors working in the jail hospital who were surrendered to the health departments along with related correspondence.
Despite the prolonged delay, the commission did not issue any clear directive ordering the Superintendent, Central Prison Mardan to provide the requested information directly to the citizen. Instead, it passed what has been described as a vague order seeking only a parawise reply to the commission itself.
Talking to “The Reporters”, Mr. Muhammad Naeem expressed disappointment over the conduct of the KP Information Commission, stating that the commission had failed to fulfil its statutory duty and had taken more than three years merely to issue vague directions instead of ensuring access to information guaranteed under the law.
In its order, the commission stated that it had taken serious notice of the non-compliance of the Public Information Officer (PIO) and directed the PIO to submit a parawise reply to the commission, excluding paragraphs 1, 3 and 8, within seven working days. The order further warned that in case of failure to comply with the commission’s directions, penal action would be initiated under Section 26 read with Section 28 of the Right to Information Act.
It is pertinent to mention that the Khyber Pakhtunkhwa Information Commission was established in 2013 and was initially regarded as a proactive institution aimed at ensuring citizens’ right to information. However, with the passage of time, it has increasingly been criticized for functioning like a traditional government office, where complaints and files of the general public remain pending for years without effective resolution.
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