Can a government department refuse access to public information?

A government department in Pakistan cannot lawfully refuse access to every public record merely by declaring that its files are confidential. Article 19A of the Constitution recognises a right of access to information in matters of public importance, subject to regulation and reasonable restrictions imposed by law. The Right of Access to Information Act, 2017 governs covered federal public bodies, while provinces have their own legislation, including the Punjab Transparency and Right to Information Act, 2013.

The legal right is not unlimited. Personal privacy, specified security material, legitimately privileged records and other statutory exemptions may justify withholding particular information. The department must apply the governing statute, consider partial disclosure where required and follow the prescribed decision and appeal procedure. Refusal without citing a lawful basis can be challenged.

Determine which information law applies

The first step is to identify whether the record belongs to a federal ministry, federal authority, provincial department, municipal body or other covered public institution.

The federal Act does not automatically govern every Punjab office. A request to a provincial Board of Revenue may follow a different statute and information commission.

Identify the public body's legal status and relevant legislation before calculating deadlines or preparing an appeal.

What constitutes public information?

A request may concern budgets, public procurement records, decisions, notifications, contracts, statistics or other records held by a covered public body.

The right generally concerns information or records already held by the institution. It is not necessarily a power to require the department to create a new legal opinion, answer hypothetical questions or undertake original research.

Frame a request for identifiable documents, periods and subject matter to make compliance practicable.

Federal statutory response time

Section 14 of the Right of Access to Information Act, 2017 generally requires a public body to respond as soon as possible and within ten working days of receipt.

The Act permits a limited extension of up to a further ten working days in specified circumstances, such as searching substantial records or consulting third parties.

Information necessary to protect the life or liberty of an individual has a shorter statutory response time of three working days. These periods are not interchangeable.

Where to submit the request

The applicant should address the designated official or relevant public information officer of the covered institution through the accepted channel.

State the records requested, preferred form of access and reliable contact details. Keep the transmission receipt or stamped copy.

Where the institution maintains an online portal, preserve the electronic application number and any uploaded documents.

Denial based on exemption

The authority should identify the precise exemption rather than make a bare assertion that disclosure would be inconvenient.

Federal section 13 sets out decision requirements; where refusal relies on a statutory exemption, the response should specify the applicable basis and information about appeal.

An exemption should not be expanded beyond its lawful scope merely because a document also contains sensitive material.

Personal data and third-party privacy

Government files may contain CNIC numbers, addresses, medical details or other personal records of unrelated individuals.

The applicable statute may protect this information while permitting disclosure of the non-exempt part of a document.

A requester should not demand blanket public circulation of private citizen files if a redacted decision or summary meets the lawful information objective.

Procurement and expenditure records

Public procurement notices, evaluation information, contracts and expenditure can attract important transparency interests, subject to the stage and specific legal restrictions.

A request should identify the tender number, procuring authority and documents sought. Some information may already be accessible through PPRA or the agency's website.

A public authority should not equate a commercial supplier's discomfort with an automatic legal bar on all procurement disclosure.

Refusal or silence by a federal body

The Pakistan Information Commission publishes an appeal procedure for requests refused or not answered after the relevant period.

The applicant should provide the original request, proof of submission and information about the response or silence, observing the applicable appeal rules.

The Commission states that it aims to decide an appeal within sixty working days according to the governing framework. Obtain the current procedural rules before filing.

Provincial information commissions

Punjab and other provinces provide their own complaint or appeal routes under the operative provincial laws.

A federal appeal addressed to the Pakistan Information Commission may be inappropriate for a purely provincial department.

The applicant should check provincial filing periods, prescribed form, subject exemptions and commission jurisdiction.

What if the record does not exist?

A public body cannot necessarily disclose a document it genuinely does not possess. However, it should respond according to statutory duties rather than ignore the application.

If a record is held by another institution, applicable transfer or guidance requirements may become relevant.

A requester should distinguish a disputed failure to maintain required records from a refusal to disclose existing information.

Certified copies and evidentiary use

An applicant needing information for litigation should ask whether certified copies are available under the Act and any related legal procedure.

An RTI response may help identify documents, but rules of evidence and proof in court remain separately applicable.

The requester should not assume that obtaining an electronic copy automatically establishes every factual allegation about its contents.

A practical example

A supplier asks a federal regulator for the final evaluation report of a completed technology tender and is told orally that the whole file is confidential.

The supplier should make a precise statutory request and ask for a lawful written decision. The authority must apply any actual exemption to the record rather than rely only on a verbal label.

The procurement complaint process may involve separate urgent deadlines; an RTI request should not be assumed to suspend them.

Remedies beyond RTI appeal

Where the statutory information commission has competence, use its procedure first as appropriate.

Constitutional review under Article 199 may be relevant to an unlawful refusal in suitable circumstances, subject to adequate alternative remedies and the current Constitutional Bench framework.

Do not file competing proceedings in several forums without assessing jurisdiction and possible duplication.

Opinion and recommended course

Covered public authorities have legally regulated disclosure duties, and refusal must rest on a lawful exemption or another valid statutory basis. The right under Article 19A is significant but not absolute.

Identify the correct federal or provincial statute, request precise existing records, preserve proof of submission and pursue the relevant information commission where access is unjustifiably refused or delayed.

Principal sources: Constitution of Pakistan, Article 19A; Right of Access to Information Act, 2017, particularly sections 13–14 (Pakistan Code); Pakistan Information Commission appeal guidance (https://rti.gov.pk/); Punjab Transparency and Right to Information Act, 2013 and other applicable provincial laws.