Daily Times

The federal government told the Lahore High Court (LHC) on Thursday that records of the buyers of the Toshakhana gifts since 2002 were being “declassified” and would be uploaded on a website.

After initially expressing reluctance over submitting the records, the government had on Feb 21 submitted details of the Toshakhana gifts to the court during the hearing of a petition seeking to make Toshakhana records public. It had also said that it was at the LHC’s discretion to unseal the documents. During the hearing, Cabinet Secretary Eazaz Aslam Dar appeared in court with the Toshakhana record. Azhar Siddiq, the petitioner’s lawyer, was also present. As the proceedings commenced, the Additional Attorney General told LHC’s Justice Asim Hafeez that the cabinet had declassified the records of the Toshakhana gifts from 2002. “All this record will be uploaded on a website.”

At that, the judge asked if the government did not have the records of gifts bought before 2002 to which the lawyer replied that records before 2002 were not computerised. Justice Hafeez then instructed the cabinet secretary to also present the records of Toshakhana gifts from before 2002 in court. Here, the government lawyer clarified that the records of Toshakhana buyers were being declassified. “We are not disclosing the record of those [countries] who gave these.” However, Justice Hafeez ordered that the details of “where the gifts came from” should also be brought to the court in the next hearing. “You will submit this record to us in the chamber.” However, the petitioner’s lawyer pressed for the government to present the complete record in court. To this, the judge said: “In 2023, the government decided to declassify records. Things can’t change all of a sudden.” Subsequently, the hearing was adjourned till March 13.

The plea seeking the details was filed by lawyer Munir Ahmad through Advocate Azhar Siddique in December 2022. The plea stated: “The right to information is an integral part of a progressive democratic state and the same has been elaborated by the superior courts saying the right to information in all matters of public importance is indisputably a fundamental right guaranteed under Article(s) 19 and 19-A of the Constitution.” According to the petitioner, the right to information stems from the requirement that members of a democratic society should be sufficiently informed that they may intelligently influence the decision which may affect them. Therefore, he argued, the people of Pakistan had the right to know every public act, everything that is done in a public way, by public functionaries and their chosen representatives.

The petitioner contended that people at large were entitled to know details of every public transaction and acquire information in all matters of public importance. “This enables people to contribute in debate on social and moral issues and matter of public importance.” The plea urged the court to order the respondents to make public the details of assets gifted to rulers as well as bureaucrats and also provide the names, details, information, documentation and materials in respect of the persons/officials who have obtained the assets by making the payment.