Shamim Shahid
Peshawar: The Centre for Governance and Public Accountability (CGPA) has demanded the provincial government of Khyber Pakhtunkhwa (KP) to appoint information commissioners in Khyber Pakhtunkhwa Information Commission (KPIC). Two seats of the information commissioners are vacant, one since November 8, 2019, and the other since July 10, 2022. This delay has caused an incomplete quorum of the KPIC, as Section 25 (4) of the KP Right to Information Act 2013 states “While deciding a complaint, the Information Commission shall consist of at least two members or one member and the Chief Information Commissioner and the decision of the Commission shall not be invalid on the ground of existence of any vacancy.”. The non-appointment of the two information commissioners has rendered the KP Information Commission dysfunctional.
Mr. Muhammad Anwar, Executive Director of CGPA, lamented the delay in the appointment of the information commissioners. He stated that despite repeated requests through letters, the provincial government is not appointing the information commissioners. Delay in the appointment of the information commissioners is tantamount to a violation of the fundamental rights of citizens to access information, as provided under Article 19-A of the constitution of Pakistan. As per section 25 (1) of the Khyber Pakhtunkhwa Right to Information Act 2013, the basic function of the Information Commission is to decide on complaints. Due to delay in appointment, the information commission can’t decide on complaints as the quorum is incomplete. The delay has caused a huge backlog of complaints with KPIC. Currently, more than 1,700 complaints are pending with KPIC.
Mr Anwar demanded the provincial government of Khyber Pakhtunkhwa to fill the vacant positions of the information commissioners immediately so the KPIC could dispose of the complaints on a timely fasion. He states that any further delay in the appointment of the information commissioners can cause a huge trust deficit of citizens on KPIC, the important institution which is mandated to ensure the implementation of the Khyber Pakhtunkhwa Right to Information Act 2013. He further stated that the Pakistan Tehreeki Insaaf (PTI) government in Khyber Pakhtunkhwa has pledged to fight against corruption and promote transparency. Keeping the KPIC dysfunctional goes against such claims of PTI’s election manifesto.
