Civil Society Network questions legality of Punjab RTI regulations

LAHORE  –  Civil Society Network Pakistan has questioned the legality and validity of regulations issued under the Punjab Transparency and Right to Information Act, 2013, and sought a legal explanation from the Pun­jab Information Commission regarding the authority under which they were framed. Abdullah Malik, advo­cate and president of Civil Society Network Pakistan, has lodged a complaint with the Chief Information Commissioner, seeking a clear, reasoned and legally substantiated response on the statutory basis of the regulations and whether the prescribed procedure was followed in their formulation and approval. According to a press release issued by Civil Society Network, Mr Malik questioned which specific pro­vision of the 2013 Act empowered the commission to frame and notify the regulations, arguing that the Punjab Information Commission, as a statutory body, must exercise its powers strictly within the limits set by law. Malik maintained that no regula­tion or administrative instrument could override the parent legislation or exceed the authority con­ferred by the legislature. Referring to Article 19-A of the Constitution, he said it guaranteed citizens the fundamental right of access to information in matters of public importance, subject to regula­tion and reasonable restrictions imposed by law. Any regulations governing access to information, he argued, must therefore have a clear legal foundation and remain consistent with the parent Act. Express­ing concern over what he described as the absence of a satisfactory response to his earlier complaint, Mr Malik called on the commission to disclose the relevant statutory provisions, approval documents, meeting minutes, legal opinions and other official records relied upon in framing the regulations. He also urged the commission to review their legality and take corrective action if they were found to have been issued without lawful authority or in violation of the parent legislation. “Transparency and account­ability must apply to every public institution, includ­ing the institution responsible for enforcing the right to information. The rule of law requires every statu­tory body to explain and justify the exercise of its legal powers,” he said.

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