'Lack of rules no excuse to deny people information'
By Arshad Sharif
ISLAMABAD, April 18: The federal ombudsman has declared that absence of rules is no excuse to deny information to citizens under the Freedom of Information Ordinance 2002.
The ruling was given by the ombudsman on a complaint lodged by the Consumer Rights Commission of Pakistan (CRCP) against the commerce ministry.
The commission had complained that the ministry had failed to provide requested information under the ordinance. The information and documents that the CRCP had requested were related to the General Agreement on Trade in Services negotiations and the World Trade Organization meeting at Cancun.
The ministry had taken the position that the ordinance was not operational as the cabinet division had not notified the rules of business for it. The ombudsman observed that a similar case had been investigated at length, in which it was concluded that the implementation of the ordinance could not be deferred due to delay in promulgation of rules, which was maladministration itself.
He directed the commerce division to provide the requisite information to the applicant within 21 days, as required by the law, and submit the implementation report.
The CRCP had disagreed with the ministry's position and argued that Section 1(3) of the ordinance stated that it would come into force at once. The complainant said nowhere in the ordinance was it provided that the citizens' access to information would be deferred until the relevant rules were formulated and notified.
It said Section 10(2) of the ordinance stated that if a ministry had not designated an official to deal with information requests, the citizens could file requests directly to the head of the public body or ministry.
It contended that if the citizens could not make information requests in the absence of the rules, it would effectively mean that the executive had put the ordinance to disuse by not notifying those.
That obviously could not be done in a country where legislative functions were separate from the executive ones and it was the responsibility of the executive to implement the laws, the body said.
