ISLAMABAD:
A lawyer has approached the Lahore High Court (LHC), seeking directions for the Supreme Court’s registrar to provide details regarding the recently established and inaugurated ‘fundamental rights monument’ within the apex court premises.
The project was initiated during the tenure of former chief justice of Pakistan Qazi Faez Isa.
Petitioner Abuzar Salman Khan Niazi filed the writ petition in the LHC, naming the SC registrar as the respondent. A single-member bench, led by Justice Shams Mehmood Mirza, is set to hear the petition on Monday (today).
According to the petition, the petitioner had twice approached the SC registrar to obtain the relevant information but received no response.
He had sought answers to six questions from the registrar regarding the project.
The first question pertained to the process adopted for sanctioning the project. The second inquired about the authority responsible for granting approval. The third sought clarification on the law, rule, or regulation under which the project was sanctioned.
The fourth question concerned the firm or company engaged in design and architectural services, while the fifth focused on the procedure followed for procuring such services.
Meanwhile, the sixth question inquired about the firm or company hired for construction and development, along with the project’s total cost.
The petition argues that Article 3 of the Constitution imposes a duty on the state and public functionaries to eliminate all forms of exploitation. The refusal to provide the requested information constitutes a violation of this constitutional obligation.
The petition states that Article 3 of the Constitution imposes a positive duty upon the state by extension public functionaries to ensure the elimination of all forms of exploitation as opposed to a discretion to act or not to act. “Thus, the respondent’s refusal to provide the requested information constitutes a blatant violation of Article 3 of the Constitution of the Islamic Republic of Pakistan.”
It contends that the superior courts, in the catena of judicial pronouncements, have emphasised that making access to information is a justiciable right of the people and further stressed that all information which can be of any public importance must be made available to the general public.
The petition states that it is a matter of public importance which aids the process of fairness, accountability and transparency; therefore, the people of Pakistan have the right to know about the entire record of the ‘fundamental rights monument’ recently set up and inaugurated in the SC.
However, the respondent has unjustifiably failed to provide the requisite information, the petition argued.
“That right to information and access to information in all matters of public importance is indisputably a fundamental right guaranteed under Articles 19 and 19-A of the Constitution of Islamic Republic of Pakistan, 1973.”
It contends that this right emanated from the fundamental democratic principle that members of a representative society must be adequately informed to enable them to make well-reasoned and intelligent decisions regarding matters that affect their rights and interests.
“Therefore, the people of Pakistan have a right to know every public act, everything that is done in a public way, by their public functionaries and chosen representatives.”
