LAHORE: The Lahore High Court (LHC) has ruled that right to information does not override an individual’s right to privacy, as enshrined in Articles 9 and 14 of the Constitution.

A two-judge bench ruled this dismissing an intra-court appeal (ICA) challenging a single bench’s earlier decision that set aside multiple directives of the Punjab Information Commission (PIC).

These directives had ordered disclosure of personal taxpayer information sought under the Punjab Transparency and Right to Information Act 2013.

The appellant had approached the PIC in 2023 under Article 19-A of the Constitution and the right to information law, seeking detailed information from the Excise and Taxation Department. This included names of officers, zone numbers, property circles, and column-wise data on taxpayers and individual property ownership.

Court dismisses ICA challenging single bench’s verdict of setting aside PIC directives

While the PIC initially directed the excise department to provide the data, the department resisted full disclosure, citing Section 13(1) (b) of the RTI law, which protects legitimate privacy interests. However, the PIC overruled this objection in several orders, which were later overturned by a LHC single bench.

In its detailed judgment, the two-judge bench headed by Justice Chaudhry Muhammad Iqbal emphasised that right to information does not override an individual’s right to privacy, as enshrined in Articles 9 and 14 of the Constitution. It referred to Islamic injunctions, constitutional provisions, and Supreme Court precedents to reinforce the sanctity of personal privacy.

The bench observed that privacy includes not only physical spaces but the entire sphere of a person’s private life, including financial and property records. It held that no public body is obliged to disclose such information without the consent of the individual concerned.

The bench observed that section 13 of the 2013 Act gives the power to Public Information Officer to refuse an application for access to information where such disclosure of information is likely to harm the ‘legitimate privacy or interest of individual unless the person concerned has consented to disclosure of information.’

It held that right to information under Article 19-A of the Constitution and Punjab Transparency and Right to Information Act, 2013 does not extend to any ‘legitimate privacy interest’ of an individual guaranteed under Articles 9 and 14 of the Constitution and protected under RTI law.

The bench observed that the PIC in blatant excess of its jurisdiction passed the orders whereby the excise department was directed to provide private information of the individuals to the appellant.

It said the single judge rightly allowed the petition of the department and set aside the PIC orders being violative to the law.

Noting the appellant’s absence from multiple hearings, the bench described his conduct as lacking bona fide intent and an abuse of the legal process by “using the shoulder of a state institution to target private citizens.”

The appeal filed against the single bench order was declared devoid of merit and dismissed.

The bench further imposed a special cost of Rs1 million on the appellant for pursuing, what it called, a “malafide” and “frivolous” case and directed that the amount be recovered as a money decree in favour of the respondent department.

Published in Dawn, May 15th, 2025