Right to Information
PIC Overturns MOFA’s Restrictive Information Request Procedures
Islamabad, July 24, 2024: The Pakistan Information Commission (PIC) has decisively rejected the restrictive procedures imposed by the Ministry of Foreign Affairs (MOFA) for filing information requests under the Right of Access to Information Act, 2017. The decision follows an appeal by Naeem Sadiq, a resident of Karachi, challenging MOFA’s stringent requirements.
In response to Sadiq’s appeal, MOFA had stipulated that appellants must adhere to a specific procedure and complete a detailed form. The form required personal details such as name, CNIC, profession, contact information, and email ID.
Additionally, it included a category section marking the information as Confidential, Secret, Top Secret, or Other, and mandated the purpose of the query. Notably, the form contained an undertaking that the information seeker would use the information solely for personal purposes and would not share it without MOFA’s permission. The form also required signatures from the seeker and two witnesses.
The Commission found these requirements to be inconsistent with the spirit and provisions of the Right of Access to Information Act, 2017, particularly Section 11 (3) and (4). The PIC stated that such prerequisites hinder the Act’s objective of promoting transparency and good governance within public bodies.
“The Commission is perplexed by MOFA’s requirements, which are not aligned with the intent of the Right of Access to Information Act, 2017,” the PIC’s order stated. “This approach restricts appellants from filing information requests essential for fostering transparency and accountability.”
The Commission emphasized that the Right of Access to Information Act, 2017, as enshrined in the Constitution of the Islamic Republic of Pakistan, 1973, aims to promote the public’s right to access information. The PIC declared that MOFA’s format and requirements were unsustainable and counterproductive to these goals.
Consequently, the Pakistan Information Commission has directed MOFA to provide the requested information in Sadiq’s appeal without further delay, noting that the matter has been unnecessarily prolonged.
Consequently, the Pakistan Information Commission has directed MOFA to provide the requested information in Sadiq’s appeal without further delay, noting that the matter has been unnecessarily prolonged.