Three-member bench approves plea seeking SC staff details

“Transparency brings with it added benefit of introspection, which benefits institutions..,” reads verdict

By
Maryam Nawaz
A man uses his mobile phone as he walks past the Supreme Court of Pakistan building in Islamabad, Pakistan May 13, 2023. — AFP
A man uses his mobile phone as he walks past the Supreme Court of Pakistan building in Islamabad, Pakistan May 13, 2023. — AFP

  • "There is no reason why information should not be provided."
  • Apex court registrar directed to provide information within 7 days.
  • "Transparency brings with it added benefit of introspection," reads verdict.


ISLAMABAD: The Supreme Court has allowed an appeal seeking disclosure of the details of the apex court’s staffers under the Right of Access to Information Act.

A three-member bench, headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Amin-ud-Din Khan and Justice Athar Minallah, directed the registrar of the Supreme Court to apex court staff members’ details to applicant Mukhtar Ahmed within seven days.

Justice Minallah authored an additional note on the matter.

The verdict said all citizens are entitled to the right to information under Article 191 of the Constitution.

“Transparency brings with it the added benefit of introspection, which benefits institutions by promoting self-accountability. Article 19A stipulates that information be provided subject to regulation and reasonable restrictions imposed by law. However, there is no law which attends to the Supreme Court in this regard nor has the Supreme Court itself made any regulations. Needless to state that if a law is enacted and/or regulations made, requests for information would be attended to in accordance therewith and in accordance with Article 19A,” read the verdict.

The apex court in its verdict today said an applicant seeking details is bound to give reasons for acquiring the information and the informant is bound to review the reasons.

“In the present case, there is no reason why the information sought by the petitioner should not be provided, nor can the provision of such information be categorized as being contrary to the public interest. Consequently, the information sought by the petitioner should have been provided to him.”

The court also ordered to return of the petitioner’s fees submitted for filing an appeal and intra-court appeal.

The CJP-led bench also ordered to issue the verdict in Urdu as well.

Applicant Mukhtar Ahmad had approached the Supreme Court registrar in connection with details of apex court employees.

The former SC registrar had refused to provide details. The applicant then resorted to the Pakistan Information Commission (PIC). The commission had asked the then registrar of SC to provide details.

The former registrar had moved to Islamabad High Court (IHC) against the decision of PIC.

The applicant approached the Supreme Court after the IHC gave a decision against him.

The Supreme Court had reserved its decision on September 27 after hearing the arguments of the applicant and the attorney general for Pakistan.