The News International: Islamabad: Sunday, 23 November 2014.
The Punjab Information Commission (PIC) has asked
the provincial government to review its laws that are in conflict with
citizens’ right to information as guaranteed by Article 19-A of the
Constitution.
In a recent order, the Punjab Information
Commissioner Mukhtar Ahmad Ali directed the provincial secretary Health and his
subordinates to take immediate steps to fulfill their responsibilities under
the Punjab Transparency and Right to Information (RTI) Act 2013.
The government departments have also been directed
to amend to review rules procedures, manuals to bring them in conformity with
Article 19-A of the Constitution and provisions of the RTI Act.
The decision of the Information Commission was
given on a complaint by this correspondent about non-provision of information
under the new RTI Act 2013 by the executive district officer (EDO) Health,
Khanewal.
The Commission was informed that the EDO had not
responded to an application for access to information within the time period
specified in the RTI law. The complainant had sought certified information
about total number of applications submitted against illegal clinics and
medical stores in the district from January 1, 2013 to September 1, 2014. The
information request was made on September 2, 2014 but the EDO refused to
provide the information citing the Punjab Drugs Rules, 2007, Rule 8 which bars
any such information-sharing.
“The Respondent has taken this stance despite the
fact that section 24 of the Punjab Transparency and Right to Information Act
2013 explicitly and unambiguously states that the provisions of this Act ‘shall
take precedence over the provisions of any other law,’” the commission said in
its written order.
The Commission also took strong notice of the
failure of the EDO in responding in specified time in accordance with Section
10 of the RTI Act 2013.
“The explanation of the Respondent in response to
the Commission’s letter doesn’t suggest that the Respondent had made any
serious effort to decide the application within 14 working days or to
communicate his decision of rejecting the application to the complainant.
Hence, the Respondent has acted in violation of explicit provisions, such as
section 10, of the Act,” the order further states. “Such careless and negligent
attitudes on the part of concerned officers and public bodies are in violation
of the letter and spirit of the Act and are not acceptable,” said the commission.
The commission directed the public bodies to take
effective and proactive steps to ensure that relevant officers were well-versed
with the Act and process and decide the applications for access to information
within the prescribed time limits.
“Therefore, the Commission is of the view that
provisions in other laws and rules (e.g. Rule 8) that restrict citizens’ access
to information cannot be relied upon to refuse disclosure of information sought
under the Punjab Transparency and Right to Information Act 2013,” the verdict
said.
In fact, the said Rule 8 of the Punjab Drugs Rules
2007, for being in direct contradiction of the explicit provisions of the
Punjab Transparency and Right to Information Act 2013, has become outdated and
redundant, and should no longer be retained or allowed to guide the conduct of
inspectors, analysts or other officers in the health department, it adds.
When contacted, the Punjab Information
Commissioner Mukhtar Ahmad Ali told The News that currently there were several
laws in Punjab which were impeding citizens’ access to information.“The
previous legal system is biased against right to information, so we must change
the laws to ensure that people have the access to information according to the
provisions of the Constitution and RTI Act 2013,” he said.