The federal government on Thursday told the Lahore High Court (LHC) that the public disclosure of Toshakhana gifts could damage Pakistan’s relations with friendly countries.
The concern was raised by the government in its report submitted before the single-judge bench during the hearing of a petition seeking to make records of Toshakhana gifts public.
The petition was filed by a private citizen 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.
The government’s position is set against its condemnation of PTI Chairman Imran Khan for “not providing specifics” of the items given to Toshakhana and the money received from their purported sale.
The coalition government also filed a complaint against Imran in August of last year for failing to list the proceeds from the sale of state gifts in his assets.
Justice Asim Hafeez of the LHC conducted the proceedings, while Additional Attorney General Nasar Ahmed turned up on behalf of the government today.
At the outset of the hearing, Ahmed apprised the court of a written response submitted by the government to the court detailing Toshakhana rules along with its disclosure policy.
In its three-page response, the government said: “The Toshakhana was transferred from the Ministry of Foreign Affairs to the Cabinet Division in 1973 under Schedule-II of the Rule of Business, 1973. The gifts deposited in Toshakhana of Cabinet Division are governed under the ‘Procedure for Acceptance and Disposal of Gifts’, amended from time to time. Lastly, the Procedure was amended in the year 2018 whereby the retention cost of the gift(s) was enhanced from 20 per cent to 50pc of the assessed value.”
In a significant admission, the response said: The Prime Minister’s Office (dated 26-11.2015), declared that the information pertaining to Toshakhana gifts is classified as disclosure of such information can cause unnecessary media hype, which could be potentially damaging to the interests of Pakistan in the conduct of international relations.“
The report also quoted section 15 (1) of “the erstwhile Freedom of Information Ordinance 2002 that reads information may be exempt if its disclosures would be likely to cause grave and significant damage to the interest of Pakistan In the conduct of international relations”.
The hearing was adjourned till Feb 7.
آج لاہور ہائیکورٹ میں توشہ خانہ کیس کی سماعت ہوئ وفاقی حکومت نے مؤقف اختیار کیا کہ اگرتوشہ خانہ کا ریکارڈ پبلک کیا گیا تو خارجہ تعلقات شدید متاثر ہوں گے،یہ حیرت انگیز ہے صرف چند ہفتے پہلے توشہ خانہ کی گھڑی حکومت کا ٹاپ ایجنڈا تھا اب اس مؤقف سے فراراس لئے کہ اپنا کچا چٹھہ کھلے گا؟
— Ch Fawad Hussain (@fawadchaudhry) January 19, 2023
Meanwhile, PTI leader Fawad Chaudhry expressed surprise at the government’s reply, saying “a Toshakhana watch was the top agenda of the government until a few days ago and now it is finding an escape route due to fears of being exposed”.
