LAHORE: The Lahore High Court directed the federal government on Monday to submit the record of Toshakhana articles from 1947 to 2001, along with details of the gift-giving foreign dignitaries and countries.
A two-judge bench, comprising Justice Shahid Bilal Hassan and Justice Muhammad Raza Qureshi, was hearing an intra-court appeal (ICA) filed by the government challenging a decision by a single bench that asked it to release the source of gifts from 1990 to 2023.
At the outset, Assistant Attorney General Nasar Ahmad stated the single bench was seized with a writ petition seeking an order to declassify all information with regard to Toshakhana gifts received by Pakistani dignitaries and government officials from foreign states.
However, he added, the federal cabinet decided, during the petition’s pendency, to declassify the Toshakhana record from 2002 to 2023, but without disclosing the source of gifts.
He said it was decided to keep the source secret because the federal government believed it would have an adverse effect on the country’s relations with other nations.
Justice Qureshi asked the law officer whether the receivers of gifts declared them in their tax documents.
Justice Hassan observed that even judges were bound to declare the gifts received in official capacity. “The representatives of the state are bound to disclose their official gifts,” the judge added.
Record not authenticated
The law officer said the government was not trying to hide the Toshakhana record from 1990 to 2001. The record in question was not complete and cannot be verified or authenticated as no supporting files, record or evidence for this period was available, he added.
According to the law officer, the government was not in a position to disclose records which it cannot authenticate.
The bench, however, observed that complete and verified record was supposed to be in possession of the government. Without naming Gulf states, the government lawyer said the rulers of a particular region give costly gifts and disclosing their identities could harm the country’s foreign policy.
Advocate Azhar Siddique, who favoured release of the record, said the government was left with no option but to release the Toshakhana details. Justice Hassan observed that big guns were yet to be caught.
The bench directed the government to submit the record from 1947 to 2001, observing that a decision would be made after hearing all sides.
The bench issued notices on the government’s appeal and adjourned the hearing to April 17.
On March 22, Justice Asim Hafeez had ordered the federal government to release complete record of the Toshakhana articles from 1990 to 2001, along with details of the gift-giving foreign dignitaries and countries.
The judge had observed that nothing about Toshakhana gifts can be hidden from the nation.
Published in Dawn, April 11th, 2023
