PIC Bins 35 RTI Appeals, Calls Identical Applications Abuse of Law

LAHORE: The Punjab Information Commission (PIC) has thrown out 35 Right to Information complaints filed against multiple offices of the provincial Irrigation Department, ruling that submitting large volumes of identical requests amounts to misuse of transparency law and demonstrates mala fide intent.

The order, issued on March 24 by Chief Information Commissioner Muhammad Malik Bhulla and Information Commissioner Bushra Saqib, marks one of the rare instances where the commission has explicitly characterised a complainant’s conduct as an abuse of the RTI framework rather than simply disposing of individual complaints on technical grounds, national media reported.

The ruling comes after the same complainant, Attique-ur-Rehman, had 45 earlier complaints against the same department disposed of by the commission on similar grounds. Far from deterring further filings, that outcome appeared to prompt a fresh round of applications targeting different offices of the Irrigation Department across Punjab.

On examination, the commission found all 35 requests had been prepared on a standard printed proforma, with only the name of the public body and the year inserted by hand. In at least one case, the attached RTI application was entirely blank, consisting solely of the printed template with no information request filled in whatsoever.

Beyond the pattern, the commission found the requests substantively deficient. Rather than identifying a specific project, work or vehicle, the applications broadly sought fuel costs and maintenance records of all departmental vehicles for a given year.

Such sweeping demands, the commission ruled, failed to meet the requirements of Section 10(3) of the Punjab Transparency and Right to Information Act 2013, which obliges applicants to clearly specify the information they seek. Vague, undefined requests of this nature, it held, do not qualify for relief under the law.

The complainant had filed the applications on the letterhead of the Pakistan Irrigation Employees (Power) Union, presenting himself as its office-bearer. However, during earlier proceedings the commission established that the union’s registration with the National Industrial Relations Commission had lapsed. When summoned to justify his claimed status, the complainant failed to provide a satisfactory explanation.

The Irrigation Department told the commission that Attique-ur-Rehman had a history of filing numerous complaints against it before various forums. The commission said this pattern, taken together with the identical nature of the requests, pointed firmly to an intent to intimidate the department rather than seek genuine accountability.

To reinforce its legal reasoning, the commission drew on judicial precedents from India, including the Supreme Court’s landmark 2011 ruling in CBSE vs Aditya Bandopadhaya, along with decisions of the Delhi High Court and the Central Information Commission. Those judgments established that repetitive RTI requests of wide scope can transform transparency legislation from a tool of public accountability into an instrument of harassment and oppression against public institutions.

The commission dismissed all 35 complaints on two counts – vagueness and vexatiousness – and issued a firm warning that the RTI law cannot be weaponised to harass public bodies. The ruling serves as a reminder that transparency legislation, while a vital democratic safeguard, carries with it a responsibility of good faith on the part of those who invoke it.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

More From Author

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Pakistan Information Commission, PIC order FBR, tax recovery data, FBR transparency, public right to know, Right of Access to Information Act 2017, tax defaulters Pakistan, national revenue collection, tax litigation Pakistan, FBR compliance, Prime Minister directives tax, transparency and accountability, access to public records Pakistan, RTI Pakistan, economic governance, FBR disclosure order, PIC decision tax data, taxpayer information Pakistan, public interest disclosure

PIC Directs FBR to Share Tax Recovery Data, Says Public Has Right to Know 

While adjudicating a plea seeking tax information Pakistan Information Commission issued directives to Federal Board…

Pakistan Information Commission, PIC, show cause notice, Chairman NHA, National Highways Authority, Right of Access to Information Act 2017, non-compliance, failure to appear, public information access, transparency in Pakistan, RTI Pakistan, Section 20(1)(f), NHA non-compliance, PIC hearing, public bodies accountability, citizen right to information, information appeal, Pakistan RTI law, Public Information Officer, PIC directives, government transparency, Pakistan public bodies

PIC Issues Show Cause Notice to NHA Chairman Over RTI Appeal

Pakistan Information Commission issued show cause notice to Chairman National Highways Authority over non-compliance and…

Advocate Osama Yousaf,Editor, Khudayar Mohla, Right to Information law, UAE visa rejection crisis, Pakistan visa rejection, Islamabad advocate, foreign office Pakistan, visa rejection rate UAE, Pakistanis visa denial, UAE visa policy, Osama advocate, Law & Policy Chambers, Pakistani property owners UAE, business opportunities UAE, Pakistan exports, trade exhibitions UAE, Pakistani real estate in UAE, fundamental right to travel, Article 15 Constitution Pakistan, Pakistan-UAE business relations, visa rejection statistics, Pakistan government actions, international trade UAE, Pakistani businesses abroad, denial of business opportunities.

Lawyer Seeks Data From FO on UAE Visa Rejection Crisis

Advocate Osama Yousaf of the Law and Policy Chambers has filed the application saying there…