Islamabad(National Times): The Pakistan Information Commission today said that it will make public its detailed order in the petition of PPPP Secretary General Farhatullah Babar against non provision of information sought by him about the post retirement perks of the Chairman Joints Chiefs of Staff and the three services chiefs of Army, Navy and Air Force.
The announcement came at the end of the hearing in the office of the Commission in Islamabad that was held by Chief Commissioner Muhammad Azam and Information Commissioner Zahid Abdullah. The Defence Ministry officials and the petitioner who had been summoned were also present.
The Defence Ministry argued that the information sought was confidential in nature and exempted from disclosure under section 7(e) of the RTI Act 2017.
The petitioner however contended that the information sought by him more than twenty months ago pertaining to “allotments and other benefits, privileges” was public domain under Section 6 © of the RTI Act.
Far from being ‘exempt’ it should have been placed on the web of Ministry in accordance with the ‘Proactive Disclosure’ requiring bodies to make public such information proactively.
Rules and regulations pertaining to post retirement benefits are subordinate legislation. Laws made by parliament after open debate are public documents and so are the subordinate legislation made under them, he said.
By refusing to provide information the Defence Ministry is “treading on a dangerously slippery slope” as it means that retirement benefits and perks are “doled out to General Officers arbitrarily, whimsically without any rules and regulations”.
It is inconceivable that retirement benefits of General Officers are doled out whimsically, in an ad hoc and arbitrary manner, secretly and without regard to rules and procedures.
“I would strongly implore the Defence Ministry to seriously consider the explosive consequences of this. One shudders to even think of it”.
He said that the exemption related only to “record relating to defence forces, defence installations and ancillary to defence and national security”. As an added precaution against withholding information the law makers made sure that it shall not apply to “commercial and welfare activities”. Post retirement benefits are ‘welfare activities’ he said.
Neither a retired general is a combatant nor the information about land allotted to him undermined national security. Even welfare benefits of a combatant cannot be withheld from the public. He also quoted examples from other jurisprudences to substantiate his arguments.
The Commission after completing the hearing announced that it will give a detailed order next week.
