KPK Police Fined Rs. 50,000 For Violating Right To Information Law



ISLAMABAD: KP’s Right to Information (RTI) Commission has imposed Rs50,000 fine on the provincial police department for blocking access to information in violation of the RTI law.

Two employees of the police department had sought information and documents from the Central Police Office Peshawar and District Police Officer Karak under the KPK Right to Information Act 2013. However, AIG legal Qazi Sajiduddin, who is also serving as Public Information Officer (PIO) of KP police, failed to provide the same within stipulated time and even after the show-cause notices issued by the commission.

The first order was issued on 14th December in case of Inspector Falak Nawaz who had requested the police PIO to provide him with a copy of inquiry report in connection with a an FIR under section 279-337G-427324/34 PPC PSYKS.

PIO Qazi Sajid was directed by the commission on 23rd September to release the required document but he failed to do so resulting in issuance of a show-cause notice by the RTI body on November 2, 2015.

The officer did not respond to show-cause notice. “Hence in exercise of the Powers conferred by Section 26(3)(b) of the Right to Information Act 2013 a fine of Rs25,000 is imposed upon Qazi Sajid-ud-Din, AIG (Legal)/PIO, Central Police Office, Peshawar,” said the order of the commission adding that fine shall be paid to the complainant.

In another case PIO was again fine Rs25,000 for not implementing the commission’s order of providing a copy of enquiry report and other documents on the basis of which an ex-senior Clerk of the police department was compulsorily retired. In this case too PIO had ignored the show-cause notice issued by the commission.

While welcoming the decision of the commission, the civil society has raised questions about the implementation mechanism.

“First of all, the fine imposed is not enough to deter a corrupt official from any wrongdoing in future. One can easily pay Rs25,000 to conceal corruption of millions and billions. Secondly, there is no mechanism of collecting this fine and delivering it to the complainant,” said Mohammad Anwar, Executive Director Centre for Governance and Public Accountability (CGPA). Under the KPK RTI law, maximum punishment for violation is two year imprisonment and Rs50,000 fine.

Anwar said the KPK RTI Commission has yet to notify it rules which is a big hurdle in implementation of its decision.

He said the decision should be made part of personal file of the officer involved to bar him from violating the law again.

RTI activist also complained that Commission is too weak to enforce its decisions as under new amendments it has to register its decisions with district and session court.

“Will the commission have to go to session court to impose even Rs25,000 fine on RTI violators??” Anwar asked.

While contacted KPK RTI Commissioner Professor Kalimullah admitted flaws in legislation but stressed that commission is working on amendments to make the law easier for general public. He said the current law does not explain how the fine will be collected but the commission has already asked the provincial Accountant General office to specify a Bank Account for collection of fines related to RTI law violation.

“It is not about punishing people and imposing fine but it is about ensuring citizen’s access to information,” he said adding that the commission is working on amendments after studying RTI laws in other parts of the world.

When asked why lower punishment has been awarded so far to violators of the law, he said the commission understands that PIO’s are not fully empowered to release information.

“PIOs are usually junior officers who are vulnerable to pressure from their seniors. It will be unjust to punish them while they are being pressured to violate the law by their seniors,” said the commissioner adding that the law is being amended to punish the senior officials of the department for blocking access to information.

He said the government officials must not fear RTI law which is actually designed to help them. “The law is not to scare the government official but to support them to stand up against the corrupt seniors and politicians. They can refuse to obey illegal orders while taking protection of this law,” he said.


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