Pay Rs. 30K for Required Info via Email: PIC Order
PIC Order Contradicts Access to Information Fee Regulations, 2023
Islamabad: In an unusual move that appears to contradict its own regulations, the Pakistan Information Commission (PIC) has directed this reporter to deposit Rs. 30,000 for receiving requested public records in PDF format via email, raising questions about the Commission’s commitment to transparency.
This decision follows an appeal filed by Saddia Mazhar (this scribe) against the Federal Investigation Agency (FIA). In its order dated November 7, 2024, the PIC noted that the FIA had agreed to provide the documents sought in PDF format. However, the FIA stated that the record consists of 1,900 pages and calculated the fee at Rs. 7 per page, totaling Rs. 30,000 as per the Access to Information (Fee) Regulations, 2023.
The PIC directed this scribe to deposit the amount in cash, by demand draft, pay order, or bank cheque into the FIA’s account. The order further stated that upon receipt of payment, the FIA would deliver the requested information within 15 days. The appellant was also directed to submit the deposit slip to the PIC to complete the request.
Alleged Violation of PIC Regulations
The Commission’s directive appears to be inconsistent with the Access to Information (Fee) Regulations, 2023. According to the regulations, “information through compact disc (CD), diskette, floppy, cassette, video or any other electronic device; shall be provided free of cost however, such electronic device shall be provided by the applicant.” This provision suggests that electronic records, like PDFs, should be free when accessed digitally. Yet, the PIC’s order does not honor this clause.
The information sought by this scribe included:
1. A list of government officials arrested by the FIA’s Anti-Corruption Wing from January 2023 to date, including names, designations, departments, and amounts recovered.
2. Copies of the FIRs registered by the Anti-Corruption Wing of FIA in the same period.
3. A list of court cases linked to these FIRs, including FIR numbers, registration dates, court details, and case titles.
Despite these requests, the FIA has not provided even basic data about arrested officials or related cases.
Transparency Concerns and Criticism of the PIC
The PIC, once regarded as a beacon of transparency, has come under increasing scrutiny for decisions perceived as counter to its mission. Observers have noted a shift in the PIC’s stance following the appointment of new members, with this appeal marking the fourth instance where this scribe’s requests have been dismissed without satisfactory resolution. When she raised objections, the PIC suggested that she approach the High Court instead.
PIC undermines the Prime Minister’s vision
Critics argue that this decision undermines the Prime Minister’s vision for a digital e-office system. In August, the Prime Minister’s Office directed all government divisions to transition from paper-based systems to digital platforms, emphasizing 100% e-office usage across ministries. This transformation aims to promote transparency and streamline access to information, yet the PIC’s costly PDF provision seems contrary to these objectives.
Failure to Implement the Right of Access to Information Act, 2017
The Right of Access to Information Act, 2017 mandates that certain public records be available on government websites within six months of the Act’s enactment. Nearly seven years later, many departments, including the PIC, have not fully complied, leaving critical information inaccessible to citizens. Former members of the PIC routinely ordered agencies to provide information in digital form and publish it online, in line with the Act’s requirements, but such directives have become infrequent under the current administration.
This latest decision from the PIC has intensified concerns over its direction and commitment to its foundational principles. With growing criticism from citizens and transparency advocates, the Commission’s approach to information accessibility is likely to face continued scrutiny as Pakistan aims to foster a more open and accountable governance structure.