CHV1

KHYBER PAKHTUNKHWA
RTI ACT 2013
By:
LUBNA ATTA
M.A (PAKISTAN STUDY)
Supervised by:
MR. SHAHBAZ KHAN
ASSISTANT PROFESSOR
PAKISTAN STUDY CENTER

UNIVERSITY OF PESHAWAR
SESSION 2015-17
KHYBER PAKHTUNKHWA
RTI ACT 2013
By:
LUBNA ATTA
M.A (PAKISTAN STUDY)
Thesis Report submitted to the Pakistan Study Center, University of Peshawar in partial
fulfillment of the requirements for the degree of MA Pakistan Studies.
Supervised by:
MR. SHAHBAZ KHAN
ASSISTANT PROFESSOR
PAKISTAN STUDY CENTER

UNIVERSITY OF PESHAWAR
SESSION 2015-17
ACKNOWLEDGEMENTS
First and foremost I wish to acknowledge to Almighty Allah that blessed me with the capability
and courage accomplish this tough academic research work.
Secondly I would especially like to thank the teacher of Pakistan Study center, university of
Peshawar, Sir Shahbaz who supervised my thesis and assisted me in comprehending the scope of
the topic and setting up the framework of my study.
I would like to record my deep gratitude to the faculty members and staff of Pakistan Study
Center, University of Peshawar who guided and gave me a helping hand in the course of my
research work.
I am deeply included my husband M. Kamran, who despite his busy schedule, guided me in the
completion of this thesis work.
I am also grateful to the Librarians of Pakistan Study Centre who allowed me to use their
relevant holdings.
LUBNA ATTA
i
DEDICATION
“ To my husband M. Kamran with deepest gratitude
Who always was a source of Strength for me.
ii
TABLE OF CONTENTS
Contents
CHAPTER 1 INTRODUCTION .................................................................................................................. 1

CHAPTER 2 LITERATURE REVIEW ....................................................................................................... 6
CHAPTER 3 HISTORICAL BACKGROUND ......................................................................................... 16
CHAPTER 4 RESEARCH METHODOLOGY ......................................................................................... 34
CHAPTER 5 CORRUPTION ..................................................................................................................... 42
CHAPTER 6 COMPLAINTS TO RTI ....................................................................................................... 54
CHAPTER 7 CASE STUDY AND PROCEDINGS .................................................................................. 65
CHAPTER 8 CONCLUSION................................................................................................................... 108
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CHAPTER 1
INTRODUCTION
Under the RTI Act 2013, the entire citizen now has the right to seek information from the Public
(Government) Bodies.
Right to Information Act is an important tool which empowers the common citizens. This guide
explains how citizens can benefit from RTI Act and details the procedure for submitting RTI
requests.
“To provide for ensuring transparency and access to information in the province of Khyber
Pakhtunkhwa”
Under the article 19A of the constitutions of the Islamic Republic of Pakistan provides that every
citizen shall have the right to access to information in all matters of public importance, subject to
regulation and reasonable restriction imposed.
“To Know” is a basic human instinct and this urge has been one of the basic causes of the
friction between the rulers and the ruled, throughout the human history, whether the public has a
right to know the king is taking decisions, has been the subject of discussion over the centuries1.
The Right to Information, though a recent enhancement in the province, has its roots in history.
According to Islamic traditions Hazrat Umar the second caliph of Islam, was during, the Friday
Prayers questioned by an ordinary citizen as to how the caliph had a shirt stitched out of the maal
–e ghanimat cloth, which all had received and which was insufficient to make shirt. The son of
Hazrat Umar is reported to have responded on behalf of his father saying that as the cloth was
insufficient for both to have shirts made, thus he had given his piece of cloth to his father and
1
hence the caliph had a new shirt. This tradition thus demonstrates that the right to seek
information is as old as history goes, even though then it was not termed so.
Access to information in KP was limited or negligible before the passing of RTI Act 2013.
Citizen was not aware of the services/functions of the Government or their right for seeking
information. Public information dissemination in KP was weak and inconsistent and important
information of Public concern was greatly kept secret.
The RTI Act 2013, passed by the KP assembly in November, 2013 is assessed to be one of the
most outstanding piece of legislation enacted by the provincial assembly “Good Governance and
transparency” which are used in the content of RTI are absolutely on the mark as the Act lead to
transparency and accountability. It is also participating effective and efficient.
In a government of responsibility like ours, where all the agents of public must be responsible for
their conduct, there can be but a few secrets. The people of this country have a right to know
every public act, everything that is done in the public way by their public functionaries. They
are entitled to know the particulars of every public transaction in all its bearing. Their right to
know which is derived from the concept of speech, though not absolute, is a factor, which should
make one wary when secrecy is claimed for transactions, which can at any rate have no
repercussion on public security.
The Right to Information Act, 2013 makes an endeavor to harmonize conflicting interests
between the citizens’ right of transparency of information in administrative functioning and
efficient governments’ confidentiality in sensitive matters. The preamble to Right to Information
Act, 2013 states that it sets out to provide a practical regime of right to information in order to
promote transparency and accountability. The Right to Information Act, 2013 is a powerful tool.
2
It enables citizens to get most of the information held by the government. It is an effective
means to reduce corruption and it will make the work of media easier. Every government
department is bound to provide information with the consent of the authority concerned. It is
indisputable that in a democratic polity, to ensure and facilitate the continued participation of
people in effective functioning of the democratic process, people must be kept informed of the
vital decisions taken by the government and the basis thereof. Therefore, right to seek and
receive public information becomes a pillar of democratic set-up.
OBJECTIVES
 To know about the constitutional rights of citizens.
 To enable the citizens to be involved in public affairs to effectively ensure transparency
in all matters.
 To discover alternative solutions to various social problems.
 To study the implementation of Right to Information Act in public offices/institutions.
HYPOTHESIS
H0: Effective implementation of RTI Act cannot be effective tool to fight with corruption.
H1: Effective implementation of RTI Act can be effective tool to fight with corruption.
RESEARCH METHODOLOGY
The process of data collection consists of two parts:
1. Primary data
Primary data is collected by face to face interview.
3
2. Secondary data
For the collection of secondary data, the researcher obtained from different sources i-e
Books, newspaper, Articles, Thesis, research papers and websites.
UNIVERSE OF THE STUDY
Khyber Pukhtunkhwa is the universe of the study.
DIFFICULTIES IN DATA COLLECTION
Conducting any research activity is always difficult and a researcher has to face a lot of
difficulties while conducting his/her research work and I also faced the same. I had to go several
times to the libraries because some sources and materials were not available in one library.
STRUCTURE OF THE THESIS
The first chapter consists of introduction, chapter two literature review, third the implementation
of RTI Act in KP, forth research methodology and fifth the last chapter consists of conclusion
and bibliography.
4
REFERENCES
1. KP RTI Annual Report 2015-16
2. RTI “About RTI” www.kprti.gov.pk http://www.kprti.gov.pk/page.php?PageId=44&MenuId=5
(accessed dated September 2017)
3. Khyber Pakhtunkhwa “The Khyber Pakhtunkhwa Right To Information Act, 2013” www.kp.gov.pk
http://kp.gov.pk/uploads/2016/02/3._Right_to_Information_Act,_2013_.pdf
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CHAPTER 2
LITERATURE REVIEW
Review of Literature is an important step in the research, which not only shows
researcher proper direction by apprising him about the relevant literature of subject but also
enables him to come from his narrow ideas and widens his horizons. Review of concerned
literature enables him to understand scope of subject, its insight and purpose of research. By
going through the work already done in that field by various thinkers and other researchers,
unnecessary duplicity of work is avoided and research leads in the proper direction.
If a researcher starts his research work without reviewing the concerned literature on the
subject, there remains possibility of his research work or research procedure becoming faulty.
Study of literature makes the researcher work easy; he learns various research methods of
research; he learns the various difficulties faced by earlier researchers and also learns important
concepts of research. Every problem has different dimensions. Review of literature enables
researcher to understand the proper dimension of his proposed research work. Thus review of
literature is an important link between a researcher and research work which provides a proper
direction to the research.
Hence, it becomes utmost necessary to review all available literature on the subject
before starting research. Literature consists of documents, articles, letters, books, reports,
journals, research papers and thesis on the subject. Since right to information is closely related
with society and people, the impact of various segments of society viz. media, Non-
Governmental Organizations (NGOs) and Community Based Organizations (CBOs) cannot be
undermined.
6
The literature reviewed under this section relates to the importance of Right to Information, role
of various segments of government and society in its use and implementation, obstacles and
challenges in its implementation; and suggestions for its proper and effective implementation.
THE IMPORTANCE OF THE RIGHT TO INFORMATION
Thomas Emerson1, in his Commentary on the First Amendment to the United States
Constitution, observed that the society uses freedom of information and expression to protect
certain values, which can be grouped into four broad categories. The first of these is assuring
individual self fulfillment. The second set of values focuses on means of attaining the truth. The
third addresses a method of securing the participation of members of the society in social and
political decision-making and the fourth category of value seeks to maintain the balance between
stability and change in the society.
Justice Mathew ruled in the case of State of U.P. v. Raj Narain2, “In a government of
responsibility like ours, where all the agents of public must be responsible for their conduct,
there can be but a few secrets. The people of this country have a right to know every public act,
everything that is done in the public way by their public functionaries. They are entitled to know
the particulars of every public transaction in all its bearing. Their right to know which is derived
from the concept of speech, though not absolute, is a factor, which should make one wary when
secrecy is claimed for transactions, which can at any rate have no repercussion on public
security.”
The Right to Information Act, 2005 makes an endeavor to harmonize conflicting interests
between the citizens’ right of transparency of information in administrative functioning and
efficient governments’ confidentiality in sensitive matters. The preamble to Right to Information
7
Act, 2005 states that it sets out to provide a practical regime of right to information in order to
promote transparency and accountability.
The Right to Information Act, 2005 is a powerful tool. It enables citizens to get most of the
information held by the government. It is an effective means to reduce corruption and it will
make the work of media easier. Every government department is bound to provide information
with the consent of the authority concerned. It is indisputable that in a democratic polity, to
ensure and facilitate the continued participation of people in effective functioning of the
democratic process, people must be kept informed of the vital decisions taken by the government
and the basis thereof. Therefore, right to seek and receive public information becomes a pillar of
democratic set-up3.
8
The Schematic flow diagram of the RTI Act is given below:
Figure: Flow chart of the RTI implementation
Citizen
Right to Information Application
Public Information Officer

Yes
Is Information supplied within Time Limit? Citizen Satisfied
No
First Appellate Authority
Complaint Yes
Is Satisfactory Order Passed? Citizen Satisfied
No
Second Appeal
Central Information Commission

(Source: Central Information Commission, Annual Report 2007-08: 4)
THE STAKE-HOLDERS IN RIGHT TO INFORMATION
RAJAN KASHYAP
Rajan Kashyap4 in his research paper titled “Right to Information Act, 2005 : Obstacles and
Challenges” while appreciating the obstacles and challenges in use and implementation of RTI
Act, 2005 has concluded that every individual and institution in the country, as mentioned below,
is a stake holder in the success of the regime for information freedom.
THE BUREAUCRACY:
9
The bureaucracy is to position itself as a genuine `public servant’ dispensing favors and justice.
The bureaucrat is now to consider himself not merely a powerful custodian of vital information,
but a trustee. In a government committed to transparency, the civil servant becomes accountable
for what he writes and how he performs his duties. He is required to be more responsive to the
needs of his masters, the members of the public5.
THE POLITICAL EXECUTIVE:
Greater transparency in official work places a higher level of responsibility on political
executive. Since all decision-making processes are to be open to public scrutiny, the elected
leaders such as ministers would have to display greater independence in relation to the
bureaucracy. For elected governments, the Act is both a challenge and an opportunity. They
would perforce have to take responsibility for decisions, and can gainfully use the public forum
to politicize their achievements6.
THE MEDIA:
In an era of transparent government, the media is well-placed to operate at several levels. It can
expose the working of the government’s functionaries, especially any misuse of authority.
Within its access to authentic information, the media can caution those in authority against
arbitrariness and excess. The media can take up worthy social and public causes, and thereby
influence executive decisions. Lastly, the media can take help to create public awareness about
the very right to information available by statute to the hitherto ignorant man in the street. The
challenge before the media is how the strike a wise balance as it exercises all these vital
functions that are now within its ken7.
THE CORPORATE SECTOR:
10
In a fast growing economy like India’s, the corporate sector too has a stake in the success of
RTI Act. A transparent system is expected to ensure fair decisions by the government, and
create a level playing field for all business. An open commercial environment would
undoubtedly encourage investors. The challenge for the corporate sector is to gainfully use the
enhanced credibility of an open government as an engine of economic growth8.
THE INFORMATION COMMISSIONS:
As statutory authorities for upholding the ideals of RTI Act, the Central Information
Commission at the national level, and the State Information Commissions in all the States, are to
play a crucial role. The Act has given to the commissions both status and authority. Every
Commission is to function as an adjudicator as well as regulator. If the Commissions are to
fulfill the objectives of the Act to empower the common man, the process of adjudication
requires to be made more simple and convenient for information seekers. While the rule of law
has to prevail, the public must perceive the Information Commissioner as a public friendly judge.
The challenge before the Information Commissions is to build an image of strong, independent
and open institutions that reach out to the common people to deliver prompt justice. Equally
important is the role of every State Commission as the regulator of the process of
implementation of the RTI Act by all authorities in the state9.
OBSTACLES IN EFFECTIVE IMPLEMENTATION OF THE
RIGHT TO INFORMATION
RAJAN KASHYAP
Rajan Kashyap10 in his research paper titled “Right to Information Act, 2005: Obstacles and
Challenges” has identified the following three obstacles in the effective implementation of RTI
11
Act, 2005. Firstly, even routine documents in most government offices are not systematically
maintained and recorded. Computerization and scientific record keeping is mandated in Section
4 of the Act, but most of the public authorities are yet to put their house in order. As such, even
where an authority wishes to cooperate positively with the information seeker, it is unable to
retrieve the material from its files within the stipulated timeframe. The problem of efficient
record management is equally pervasive in the states as well as in Central Governments
institutions. Secondly, the common man has not been informed of his new power under RTI
Act. Much effort and energy has to be committed by the Government to create public awareness
in towns and villages about the fight to information. The citizen must in time learn to approach a
government office from a position to strength. He must be taught how to ask and what to ask.
Thirdly, an effectively transparent information regime demands a transformation in the mindset
of the bureaucracy, which realizes that opening up official bureaus to fresh air, will not reduce its
authority, but strengthen its own role in a vibrant democracy.
SHIVA SATISH
Shiva Satish11 in his research paper titled “Right to Information: Perspective Obstacles and Role
of Information Literacy” has found that the government and the bureaucracy, who have right
from the first day from the enforcement of the Act been trying to find the loopholes in the Act,
are a major threat to the RTI Act. The Act can be resisted and killed by bureaucracy by three
methods – over use, disuse and hide & seek.
Over use of the Act is that it provides for an elaborate system of written application,
acknowledgement, time limit, appeals etc. In actual practice, how many will have the time,
patience and stamina to go through the whole gamut of such procedures if it is insisted upon in
12
every case? In other words, bureaucracy may hit back by a too literal and procedurally rigid
implementation of the Act and defeat its purpose.12
Now killing the effectiveness by disuse is because of the lack of dissemination of knowledge or
awareness about the Act and illiteracy. Only a particular community shall be able to make use of
the enactment.13 Finally, hide and seek strategy will ensure that general information may be
given but information on sensitive matters which, according to government, can invite severe
criticism from the public, has to be dealt with utmost care. In other words, it is to guard against
this type of inquisitiveness that the whole government culture is carefully and consciously-
oriented towards a single, overriding value.14
He further identified following15 other challenges in proper and effective implementation of
RTI Act.
(i) No mode of evaluation of the information machinery is in place in the states, to inspect
whether all actions as per sec 4 are taken.
(ii) Only directions to perform a particular duty are contained in the Act but no mechanism exists
to have a check whether protocols and formats have been developed for uniform application at
the level of public authorities for proactive disclosure.
(iii) Pointing another challenge in the effective implementation is the need for separate resource
allocation for implementation of the Act.
(iv) No monitoring agency is there to see whether all the requirements under the Act have been
complied with or duly followed.
13
REFERENCES
1 Thomas Emerson, “Towards a General Theory of First Amendment”, The Yale law Journal,
Vol. 72, 1963, pp.877-956 at p. 880
2 State of U.P. v. Raj Narain, AIR 1975 SC 865
3 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt.
Ltd., 2009, Chapter 4: Right to Information: Perspective Obstacles and Role of Information
Literacy by Shiva Satish, pp.33-92 at p.38
Ltd., 2009, Chapter 1: Right to Information Act, 2005: Obstacles and Challenges by Rajan
Kashyap, pp.3-10 at p. 5.
5 Id., op. cit., p.5
6 Id., op. cit., p.5-6
8 Right to Information Act in Madhya Pradesh : Status Report (2007) preface by Yogesh Kumar
at, p.7
Ltd., 2009, Chapter 1: Right to Information Act, 2005: Obstacles and Challenges by Rajan
Kashyap, pp.3-10 at p. 10.
Ltd., 2009, Chapter 4, Right to Information : Perspective Obstacles and Role of Information
Literacy by Shiva Satish, pp.35-52 at p.42.
12 Id., op. cit., p.42
14
13 Id., op. cit., p.43
14 Id., op. cit., p.43
15 Id., op. cit., pp.49-41
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CHAPTER 3
HISTORICAL BACKGROUND
RTI: AN INTERNATIONALLY PROTECTED HUMAN RIGHT:
Right to Information, is an internationally protected human right, which has rapidly achieved
near- global recognition in the past few decades1. In the process, it has transformed the way
information held by offices of government and other public bodies, is understood and managed
according to international law: i-e on behalf of the public2.
The adoption of RTI Legislation around the world can be broken into two phases: pre-1995 and
post-19953. The Centre for Law and Democracy(CLD) notes that the conditions in which early
adopters (i-e those who adopted the law before 1995) and late adopters ( i-e, those who adopted
the law after 1995) have drafted and implemented RTI legislation are quite distinct.
Late adopters are in a unique position to benefit from the knowledge and experience of the past
and ongoing efforts of different national governments in implementing RTI. After the post-1995
boom in international advocacy organizations and regional civil rights groups campaigning for
RTI, late adopters of the law are also in a better position than early adopters to learn from the
experience of these organizations and collectives4.
Being a late adopter, Pakistan may enrich its own efforts in improving its current RTI legislation
by learning from the experiences of government and civil society within early RTI-adopting
countries.
Given this encouraging outlook, Pakistan may move rapidly towards the ideal of RTI if takes
stock of international and regional experiences of adopting and implementing RTI legislation.
16
Already , the country is poised to top CLD’s Global RTI rating on the strength of the draft RTI
law in consideration at the Centre, a remarkable improvement on its current position of 84th in
the world5.
Recognizing the rapid adoption of RTI legislation around the world, intergovernmental bodies
such as the United States (UN), the Commonwealth, and the south Asian Association for
Regional cooperation (SAARC) have called on governments around the world to guarantee
access to this basic human right.
THE UNITED NATIONS (UN)
In its very first session in 1946, the UN General Assembly adopted Resolution which states:
“Freedom of information is a fundamental human right and the touchstone” of all other freedoms
consecrated by the UN6.
The right to information has also been enshrined in Article 19 of both the UN’ S Universal
Declaration of Human Rights (UDHR) 1948 and the UN’s International Covenant on civil and
Political Rights (ICCPR) 1968 of which 76 countries are signatories, including Pakistan7.
THE COMMONWEALTH
In March 1999, the Commonwealth Secretariat organized an Expert Group Meeting to discuss
the importance of RTI legislation. A Final Document issuing from this meeting held that RTI
was a legal and enforceable right granting the right of public to access information held by all
three arms of state- judicial, legislative and executive- and other bodies owned by government or
carrying out its functions through public funding. These views were later endorsed by the Law
17
Ministers Meeting in May 1999, and also by the Commonwealth Heads of Government Meeting
in November of the same year8.
THE SOUTH ASIAN ASSOCIATION FOR REGIONAL
COOPERATION (SAARC)
In 2008, at a SAARC Ministerial Meeting, delegates endorsed legislation that confers the right to
information held by public bodies for all citizens to eliminate corruption and improve
governance at all levels of government9.
DEVELOPMENT RTI CONCEPT AND LEGISLATION
Key Legislative Improvements: International Perspective
The second and ongoing phase of RTI adoption around the world has been accompanied by
significant refinements in certain provisions of the law10.
Improvements in RTI Legislation have been observed in the following key areas:
 Scope of the law
 Exemptions and refusals
 Sanctions for offenders and protections for whistleblowers
 Promotional and the initiation of public awareness campaigns11.
According to CLD’s Global RTI Ratings data between 1985 and 2013, the largest area-wise
improvement in legislation was in the category of promotional measures. This reflects growing
recognition of the importance of harnessing momentum generated right after passage of RTI law
18
through the enactment of specific promotional measures that ensure smooth and sustained
implementation12.
Improvements in the law’s scope reflect widespread acknowledgement that relevant law must
apply to all branches and tiers of government to guarantee RTI for all citizens13.
Finally, improvement in provisions pertaining to exemptions and refusals have been wrought by
a better understanding of the confidentiality requirements of government while refinements in
provisions related to protections have come after widespread acknowledgement of the
importance of safeguarding whistleblowers acting in public interest14.
Another key development observed during the transition from first to second-generation RTI
laws has been the drafting of relevant laws in light of implementation challenges faced by past
and ongoing efforts15.
“Over the last decade, important strides have been taken toward recognizing and implementing
the right to access of public information in South Asia16. Between 2002 and 2009, governments
in Bangladesh, India, Nepal, Sri Lanka and Pakistan formally enacted RTI legislation.”
ADOPTION OF RTI IN SOUTH ASIA
Over the last decade, important strides have been taken toward recognizing and implementing
the right to access of public information in South Asia. Between 2002 and 2009, governments in
Bangladesh, India, Nepal, Sri lanka and Pakistan formally enacted RTI legislation. More
recently, relevant legislation has also been passed in Bhutan and Maldives. Additionally, in
Afghanistan, a draft Bill has also been under consideration of the government17.
19
India’s Right to Information Act 2005 has gained international recognition as the benchmark
legislation in South Asia18. It has also been lauded for its widespread use by citizens19. This
explains India’s high score on CLD’s Global RTI rating 2015 [3rd]20 despite recent RTI-related
successes, South Asian states like Pakistan, Bangladesh, India and Nepal face unique challenges
regarding the implantation of the RTI legislation, especially in overcoming the colonial culture
of secrecy, which in many ways, continues to this day. Laws restricting access to public
information, like Pakistan’s Official Secrets Act of 1923, which is still in effect at the Centre,
have been inherited from this time21.
RTI RECOGNITION IN SOUTH ASIA
INDIA
Due to persistent civil society pressure for the passage of RTI legislation, and the implications of
several landmark judgments by the Indian judiciary, the culture of secrecy within government
and civil society was challenged during the late 1970s and early 1980s.
In context of the Indian judiciary, two particular cases are seminal. In the State of UP v. Raj
Narian and Ors 197522, the Indian Supreme Court observed that barring national security, only
some matters pertaining to public interest could not be discussed in public23.
Again, in 1982, the Supreme Court held that the right to access public information was implicit
in constitutional guarantees for freedom of speech and expression. It further held that non-
disclosure of information was to be treated as an exception, only justified in the interests of the
public24.
20
Indian civil society has also played an important role in the country’s RTI movement. The
passage of the country’s 2005 Right to Information Act was expedited through pressure
generated by popular grass roots movements to obtain information about government
expenditure, and public benefits and entitlements25.
The most important among these movements was spearheaded by Mazdoor Kisan Shakti Sanghat
(MKSS) in Rajasthan26. This movement provided a platform for the formation of a coalition of
activists and civil society organizations campaigning on RTI called the National campaign for
people’ Right to Information (NCPRI) in 1996, an organization which has contributed invaluably
to the initial passage of Initial passage of India’s Right to Information Act 2005 and the ongoing
RTI reform agenda in India27.
BANGLADESH
The culture of secrecy prevalent in Bangladesh during colonial rule and subsequent military
regimes was challenged by the emergence of popular demand for the right to information in the
1980s.
This issue, however, was sidelined by political turmoil and a succession of military- backed
governments between 1975 and 1990. After the restoration of democracy in 1991 demands for
RTI legislation emerged once again28. In 2002, the Law Commission presented a working paper
on RTI, an effort which encouraged collaboration between the state and civil society in the
preparation of a draft RTI law. This draft Law was also posted on the Ministry of Information’s
website to invite citizen’s feedback29. Further political turmoil eventually impeded the passage of
the draft law. However, in 2007, the military –backed caretaker government committed to the
enactment of RTI legislation. At around the same time, citizens groups and civil society
21
organizations formed the Right to Information Forum to create sustained pressure for the passage
of relevant laws. As a result, an Ordinance on RTI was approved by the President in 2008, and
passed by the parliament in 2009. A landmark Act for protection of whistleblowers was also
enacted in 201130.
ADOPTION AND RECOGNITION IN PAKISTAN
Recognition
Pakistan ratified the ICCPR 1968 on June 23, 2010 and this act came into effect on September
23, 2010. Additionally, Pakistan withdrew the reservations it raised upon initial ratification of
the covenant in 200831.
KEY DEVELOPMENT BEFORE ADOPTION
The first concrete efforts made to pass such legislation were in the senate. The private member
bill introduced by Prof. Khurshid Ahmed of Jamat-e-Islami in the early 1990s, however was not
adopted for consideration by the senate32. Later, when Benazir Bhutto’s first PPP-led
government sought to overcome the charges of corruption leveled at it, a committee was set up to
examine the causes of the problem and recommend solutions. One such solution was the passing
of an RTI bill. However, resistance from bureaucracy and the dismissal of Bhutto’s government
derailed these efforts33.
The 1973 constitution of Pakistan provides no specific guarantees or recognition for the right to
access information. However, in 1993, the Supreme Court observed that, as the major source of
information in democracy, the government was “duty bound” to disseminate information about
its decision-making and operations in the interests of public accountability34. Further, the court
22
also explicitly read the right to access of information into Article 19 of the constitution on
freedom of expression.
These judgments, however, received no attention in the legislature until the dismissal of the
Bhutto’s second government in November 1996. After the Bhutto regime’s dismissal on charges
of corruption, the interim government led by Malik Mairaj Khalid promulgated the Access to
Information Ordinance on January 29, 199735. This Ordinance, however, lapsed as the successive
PML-N government failed to turn it into an act of Parliament36,37.
ADOPTION AT NATIONAL AND PROVINCIAL LEVELS
The existing Freedom of Information Ordinance was promulgated in 2002 at the Federal level by
the military-backed Government of President General Pervez Musharraf. The law was passed
through the 17th constitutional Amendment, and without much parliamentary oversight or
ownership38. Some entities have claimed that this law was passed as a condition to the ABD’s
further disbursement of loans in Pakistan39.
Collaborative efforts between civil society and government, such as the briefing sessions for
Parliamentary Staff held by PILDAT on June 28, 2004, resulted in the proposal of many
different amendments to the freedom of Information Ordinance 2002. However, as mentioned by
speakers invited to the briefing Session, a culture of apathy within government prevented their
passage40.
At the provincial level, Baluchistan and Sindh replicated the FOI Ordinance 2002 in 2005 and
2006, respectively41. Additionally, within Khyber Pukhtunkhuwa (KP) and Punjab, stronger RTI
23
laws were passed in 2013 in the shape of Khyber Pukhtunkhuwa Right to Information, and
Punjab Transparency and Right to Information42.
The KP Government passed the Right to Information Bill 2015, effectively exempting the KP
Assembly and Peshawar High Court from any passage of RTI legislation in KP, residents of the
Province can also access information held by district public bodies as well.
Finally the 18th Constitutional Amendment, passed on April 9, 2013, importantly enshrined RTI
as fundamental disclosure obligations under provisions of the law43.
Additionally, after the right under Article 19A on the right under Article 19A on the Right to
Information.
CURRENT INTERNATIONAL STANDARDS:
Article 19, a renowned International Advocacy Organization for Freedom of Speech and
Information has developed a set of standards for ideal RTI Legislation. These standards have
been developing in keeping with best practices and laws around the world. Both the UN,s
Special Rapporteur on Freedom of Opinion and Expression 1999 in an Annual Report, and the
UN Commission on Human Rights, in a Resolution on Freedom of Expression, have endorsed
them in 2000. Numerous governments and civil society organizations have used these principles
in various efforts for the promotion of RTI. In Pakistan PILDAT44, THE National Assembly
standing Committee on Information , Broadcasting and National Heritage45, and various other
entities have adapted these standards for the purpose of various reports and papers.
IMPORTANT DEFINITIONS
24
 Information: includes all records held by public body, regardless of its source, date of
production, or the form in which it is stored, including classified records.
 Public body: includes all branches and levels of government; private bodies holding
information crucial to the protection of key public interests, such as environment and
health, and intergovernmental organizations.
 Destruction of records: includes the willful destruction of, or obstruction of access to
public records, thereby protecting their integrity and availability. The law should view the
destruction of public records as a criminal offence and outline minimum standards for
public record management. The law must also require adequate resources to be allocated
for this purpose48.
Principle 1: Maximum Disclosure
This principle enshrines the obligation of full disclosure of official information to be pursued in
all but a very limited set of circumstances. Many countries, including India46 and Pakistan47 have
ensured this principle through constitutional guarantees.
The exercise of this right should not require the demonstration of the requester’s interest in the
information sought. Conversely, the denial of a legitimate information request by a public body
must be premised on justifications clearly enshrined in law.
Principle 2: Obligation to Publish
Modern RTI law obliges public bodies to voluntarily publish and disseminate documents and
records of significant public interest, subject to resource availability and capacity constraints.
Further, the law must also state key categories of information subject to this obligation49.
The following categories of information must be included:
25
1. Information related to how the public body functions, including costs, objectives, audited
accounts, standards, achievements etc.
2. Information on requests, complaints or other direct actions resulting from official
interactions with the public.
3. Guidance on how public can participate in policy- making and decision making processes
of government.
4. The types of information held by the public body and the forms in which this information
is stored.
5. The content of any decision or policy affecting the public, along with rationales and
background material important in it comprehension.
Principle 3: Open Government
The promotion of a culture of openness in government is also necessary. The law must require
that adequate resources and attention are devoted to the promotion of this principle. Some
promotional activities of this nature include:
1. Public Awareness: The law must require public education and the dissemination of
information on RTI, such as the scope of information available on request and the manner
of accessing such information. Ideally, such initiatives must be a collaborative effort
between by individual public bodies and a specially designated and an adequately funded
and specially established RTI oversight and coordination body.
2. Trainings and other capacity- building measures: Public bodies must provide RTI training
to employees on the importance and scope of RTI legislation. The official body
responsible for these trainings might also help in promoting an open government through:
a. Provision of incentives for good RTI-related performance
26
b. Production of an annual report for Parliament detailing future milestones,
progress on current targets, and recommendations to streamline the law’s
implementation
c. Lying down procedures for maintaining and providing access to government
records50.
Principle 4: Limited Scope of Exceptions
All requested information must be furnished unless the public body can demonstrate that
disclosure would harm a protected public interest.
1. Limited Scope of Exceptions: are aims which may justify non-disclosure. These aims
should specified in law and limited to matters of law enforcement/public order, privacy,
national security, commercial interests, individual safety/privacy, and the integrity of
government decision-making processes.
2. Exceptions should be narrowly drawn, and based on content of information rather than
type. Where possible, exceptions should also be time-bound, after which the public’s
right to know take precedence.
3. Refusals must meet a substantial harm test, which is a means of deciding when the
disclosure of protected information must be allowed in public interest51.
Principle 5: Processes to Facilitate Access
A process for ruling on requests for information must be specified in law at three levels: within
the public body, during appeals to an independent administrative body, and during appeals to
court.
27
Where necessary, provisions ensuring access to disabled or marginalized groups must also be
laid out. Public bodies must designate an official responsible for processing information requests
and ensuring compliance with legitimate requests according to law. These officials must also be
responsible for assisting individuals in submitting information requests where required.
Conversely, public bodies must also have the authority to refuse frivolous or vexatious requests.
Additionally, the law should specify strict time-limits for the processing of requests, the hearing
of complaints and written communication of denials of those requests.
Appeal process:
The law should provide for an individual’s right to appeal, to an independent administrative
body, on Refusal of his/her request by a public body.
This commission must meet certain standards and enjoy certain privileges:
1. Financial and administrative autonomy
2. Staff appointed process by representative bodies, such as all-party parliamentary
committees.
The appeal process must ensure timely delivery of judgments at the lowest possible cost to the
public, thereby ensuring access to all citizens notwithstanding their financial background.
Further, the appellate authority must enjoy comprehensive powers to investigate an appeal,
including powers to compel witnesses; and to require public bodies to provide any requisite
information or record for review.
28
In case of criminal obstruction of information disclosure, the authority must also have the power
to refer cases to higher courts. Finally, both the applicant and the public body must be granted
the right to appeal the appellate body’s decisions in a higher court52.
Principle 6: Costs
Individuals should not be deterred from submitting information requests on account of
procedural costs. A nominal fee corresponding with the actual retrieval and disclosure costs of
the requisite information must be charged, with no additional flat fee for each request53.
Principle 7: Open Meetings
Meetings of public bodies must be open to the public, since the right to know also includes
knowing what the government does in the name of public interest.
A meeting in this context refers to a formal meeting, requiring both a quorum and subject to
procedural rules of government service. Public notice of meetings must also be provided a
reasonable time in advance to ensure people’s participation.
Meetings may be closed, in accordance with established procedures or in cases where adequate
reasons for closure exist. However, the decision to close a meeting must itself be open to public,
to ensure that the decision is made transparently and with public knowledge and approval54.
Principle 8: Disclosure Takes Precedence
RTI law requires that other legislation pertaining to the disclosure of official information be
repealed or overridden55.
Principle 9: Protection for Whistleblowers
29
Individuals should be exonerated from any legal, administrative or employment-related sanctions
for disclosing information on wrongdoing. Wrongdoing in this context refers to the commission
of a criminal offence, failure to comply with a legal obligation, miscarriage of justice, corruption
or dishonesty, or serious maladministration on part of a public body. It also includes serious
threat to health, safety and environment, whether linked to individual wrongdoing or not.
Whistleblowers should enjoy such protections as long as they have acted within a reasonable
belief that the disclosed information was substantially and indicative of a wrongdoing. Such
protections should override punitive measures related to the breach of a legal or contractual
requirement56.
30
REFERENCES
1. Mendel, Toby (1999): pg. 1, “Freedom of Information as an Internationally Protected Human Right”,
[online at https://www.article19.org/data/files/pdfs/publications/foi-as-an-international-right.pdf, accessed
on July 28, 2015].
2. Ibid.
3. Centre for Law and Democracy & Access Info Europe (2013): pg. 8, “Overview of Results and
Trends”, Global RTI Rating Data Analysis Series, September, Canada; [online at http://www.law-
democracy.org/live/wp-content/uploads/2013/09/Report-1.13.09.Overview-of-RTIRating.pdf, accessed
30 July, 2015]
4. Ibid. pg. 9.
5. Ibid.
6. Ibid.
7. United Nations Treaty Collection (2015), “Chapter IV: International Covenant of Civil and Political
Rights”, [online at https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
4&chapter=4&lang=en, accessed August 7, 2015].
on July 28, 2015].
9. The Asia Foundation (2014): pg. 1, “Citizens' Access to Information in South Asia”, Regional
Synthesis Report, August, Nepal.
10. Centre for Law and Democracy & Access Info Europe (2013): pg. 9, “Overview of Results and
Trends”, Global RTI Rating Data Analysis Series, September, Canada; [online at http://www.law-
democracy.org/live/wp-content/uploads/2013/09/Report-1.13.09.Overview-of-RTIRating.pdf, accessed
30 July, 2015]
11. Ibid. pg. 10 – 11
12. Ibid. pg. 10
13. Ibid. pg. 11
14. Ibid.
15. Laura Neuman & Richard Calland (2007): pg. 8, “Making the Access to Information Law Work: The
Challenges of Implementation”, The Right to Know, ed. A. Forini; [online at
http://www.cartercenter.org/resources/pdfs/peace/americas/making_the_law_work.pdf, accessed 30 July,
2015]
17. Ibid.
18. Ibid. pg. 11
19. Ibid.
31
20. Centre for Law and Democracy (2015), “Country Data”, Global RTI Rating Series, September;
[online at http://www.rti-rating.org/countrydata, accessed August 10, 2015]
21. Sharan, Sanjay (2011): pg. 3, “Reviewing the Right to Information Through the Prism of Indian
Policy Process”, International Institute of Social Studies, November, The Hague, Netherlands; [online at
http://thesis.eur.nl/pub/10788/; accessed July 30, 2015]
22. Supreme Court of India (1975), “State of UP vs. Raj Narian and Ors 1975”, New Delhi, India; [online
at: http://indiankanoon.org/doc/438670/]
on July 28, 2015].
24. Ibid. pg. 3
25. Sharan, Sanjay (2011): pg. 12, “Reviewing the Right to Information Through the Prism of Indian
Policy Process”, International Institute of Social Studies, November, The Hague, Netherlands; [online at
http://thesis.eur.nl/pub/10788/; accessed July 30, 2015]
26. Ibid.
27. NCPRI completed its draft of India's first Freedom of Information Bill in 1997, later tabled in
Parliament during 2002. The organization later joined protests against the passage of the Bill, claiming
that it was a watered-down version of its original draft, and eventually forwarded recommendations for
amendment of the law to the National Advisory Council in 2002. These were eventually passed, almost
without change, in the form of India's Right to Information Act on October 13, 2005. Since then NCPRI
has spearheaded many other campaigns on improving access to information and enhancing government
transparency and accountability, including drafting a Bill on whistleblower protections, tabled in
Parliament in 2010. For details please see: National Campaign for Peoples' Right to Information (2015),
“Brief History of RTI”, India, [accessed online on August 16, 2015, at:
http://righttoinformation.info/about-us/brief-historydemand-for-the-right-to-information/]
29. Ibid.
30. Ibid. pg. 4
31. United Nations Treaty Collection (2015), “Chapter IV: International Covenant of Civil and Political
Rights”, [online at https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
4&chapter=4&lang=en & https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280004bf5,
accessed August 7, 2015].
32. Centre for Peace and Development Initiatives (2009): pg. 5, “Freedom of Information Ordinance 2002
and its implementation”, December, Islamabad.
33. Ibid.
34. Ibid. pg. 6
35. Shehri.org (2014), “History of Freedom of Information Legislation in Pakistan”, as accessed on
August 16, 2015, at: http://shehri.org/rti/legislation.html
36. Centre for Peace and Development Initiatives (2009): pg. 6, “Freedom of Information Ordinance
2002 and its implementation”, December, Islamabad.
32
37. Standing Committee of National Assembly on Information (2014): pg. 13, Broadcasting and National
Heritage, “Special Report on Right to Information Bill, 2013”, March, Islamabad; [online at:
http://nacomminfobh.pk/Activities/Specialreports/SpecialReportonRighttoInformation.pdf]
38. PILDAT (2004): pg. 14, “Proceedings: Freedom of Information”, Briefing Sessions for
Parliamentarians and Parliamentary Staff, May, Islamabad.
39. The Asia Foundation (2014): pg. 4 - 5, “Citizens' Access to Information in South Asia”, Regional
Synthesis Report, August, Nepal. 70. PILDAT (2004): pg. 15, “Proceedings: Freedom of Information”,
Briefing Sessions for Parliamentarians and Parliamentary Staff, May, Islamabad.
41. Shehri.org (2014), “History of Freedom of Information Legislation in Pakistan”, as accessed on
42. Centre for Peace and Development Initiatives (2015): pg. 19, “State of Right to Information
Legislation in Pakistan 2014-15”, July, Islamabad.
43. Ibid. pg. 1
44. PILDAT (2004), “Briefing Paper on Freedom of Information”, PILDAT Briefing Paper Series for
Pakistani Parliamentarians, June, Lahore, Pakistan.
45. Standing Commttee of National Assembly on Information, Broadcasting and National Heritage
(2013), “Special Report on Right to Information Bill, 2013”, March, Islamabad; [online at:
http://nacomminfobh.pk/Activities/Specialreports/SpecialReportonRighttoInformation.pdf]
46. Centre for Law and Democracy (2015), “Country Data: India”, Global RTI Rating Series; [online at
http://www.rtirating.org/view_country?country_name=India#right]
47. Centre for Law and Democracy (2015), “Country Data: Pakistan”, Global RTI Rating Series; [online
at http://www.rtirating.org/view_country?country_name=Pakistan#right]
48. Article 19 (1999): pg. 2, “The Public's Right to Know: Principles of Freedom of Information
Legislation”, International Standards Series, June, London.
49. Ibid. 87. Ibid.
50. Article 19 (1999): pg. 4 - 5, “The Public's Right to Know: Principles of Freedom of Information
51. Ibid. pg. 5-6
52. Article 19 (1999): pg. 7 - 8, “The Public's Right to Know: Principles of Freedom of Information
53. Ibid. pg. 8 - 9
54. Ibid. pg. 9 - 10
55. Ibid. pg. 10
56. Ibid. pg. 10 – 1
33
CHAPTER 4
RESEARCH METHODOLOGY
RESEARCH DESIGN
Fred N. Kerlinger1 defines scientific research as a systematic, controlled, empirical
and critical investigation of hypothetical propositions about the presumed relations
among natural phenomena. Further, Berelson and Steiner2 define science as a form
of enquiry in which procedures and public, definitions are precise, data collection
is objective, findings are replicable, the approach is systematic and cumulative; and
the purposes are explanation, understanding, and prediction. On the basis of this
definition, all sciences may be divided into two categories viz. one, those which
closely satisfy this definition and we call them natural sciences like physics,
chemistry, mathematics, etc; and second, those which do not satisfy this definition
strictly and we call them social sciences like economics, psychology, management,
political science, public administration etc.
Scientific research, though carried out both in the natural sciences as well as in
social sciences, suffers from serious limitations when carried out in the social
sciences because all social sciences deal with intangible, non-quantifiable, ever
changing and complex social phenomenon; a social scientist’s laboratory is too big
34
to provide him with a grip on all factors; and a social scientist’s research generally
lacks objectivity comparing to that found in natural sciences3.
Scientific research in social sciences can be either pure research or applied
research. When it aims at enriching the theory of subject/discipline, it is known as
pure research; and when it aims at enriching the application of theory by
discovering various new uses to which the findings of pure research may be put
and by showing the limitations of these findings, it is known as applied research.
The difference between `pure’ and `applied’ research is not as clear-cut in the
social sciences as it is in the natural sciences. In social sciences, this dichotomy is
not so clear because there the research is mostly done in real surrounding where
the phenomenon under test is being practiced also4.
The present research does not aim at enriching theory either of Public
Administration or its mother subject Political Science. Rather, it is restricted on
two aspects of `Right to Information Act’ viz. (1) its use and (2) its implementation
in the area of research i.e. Khyber Pukhtunkhwa. The findings have been suitably
generalized. Impedances coming in the way of its proper use and reasons for
improper implementation have been found and suggestions are given for
rectification and improvement. Thus, the research is an `Applied Research’.
35
Research is further classified into two categories viz. Experimental research or
Non-experimental Research. Experimental research is one in which the researcher
makes changes in independent variables and studies their effects on dependent
variables under controlled conditions. Whereas non-experimental research is one
in which the researcher simply measures the present level of the independent
variable5.
Since, there is no independent variable that can be manipulated; therefore, the
research is Non-Experimental Research. Here the researcher has simply measured
the present level of the independent variable and its effect on dependent variables
as they occurred naturally. As a result, data generated by present research work is
not helpful in establishing the cause and effect relationships between variables. It
is useful only in describing certain relationships without showing their functional
interdependence.
Non-experimental research is again divided into two categories viz.
(1) Exploratory Research
(2) Descriptive Research.
Exploratory research aims at exploring the possibility of doing research on a
certain subject where due to paucity of existing knowledge, framing and testing of
hypothesis are difficult. On the other hand, Descriptive research aims at answering
36
the `what’ and `why’ of the current state of some system. Description and
explanation are its two aims6.
The present research work has tried to describe and explain the various factors
relating to use and implementation of `Right to Information Act’ in Khyber
Pakhtunkhwa. Conclusively the present research is a Non-experimental Applied
Dynamic Descriptive Research.
Hypothesis:
Hypothesis is an assumption or proposition whose tenability is to be tested. The
advantage of a hypothesis is that it builds researcher’s confidence in his result. In
relational hypotheses there always exist two variables viz. the independent variable
and the dependent variable. The independent variable is that which causes or leads
to an effect on another variable. The variable in which the change or effect is
produced is known as the dependent variable7.
Apart from above two types there is one more type of hypothesis known as Null
Hypothesis. It is a hypothesis of no difference.
The researcher in this present research work has framed hypotheses, whose
tenability is to be tested.
HO : Effective implementation of R.T.I. Act cannot be effective tool to fight with
corruption.
37
H1: E effective implementation of RTI Act can be effective tool to fight with
corruption.
Dependent variable - `R.T.I. awareness’
Dependent variable - `Corruption
AREA OF RESEARCH
Area of Research is Khyber Pakhtunkhwa
METHODS OF DATA COLLECTION
Experimental methods of data collection are ideal but not always possible in
research in social sciences because of many problems which often compels a
researcher to adopt Non-experimental methods of data collection. Non-
experimental methods are divided into following categories:-
A. Field Methods
- Field Study
In view of above limitations associated with field study, this method of data
collection is ruled out from present research.
- Case Study
38
Case study being a method of intensively exploring and analyzing the life of a
single unit.
- Sample Survey
B. Library Method
Any systematic study which aims at discovering the relations and interactions
among variables. It serves several purposes; exploratory, descriptive and
hypothesis testing. This method is very much realistic since it is conducted in real
world situations and data on a large number of variables can be obtained from the
subjects.
The researcher used secondary data from books, journals, reports, newspapers,
research papers and different kind of article. A lot of material is taken from reports,
newspaper and articles as compared to books because such topic is new and limited
data are given in books.
In view of above limitations associated with field study, this method of data
collection is ruled out from present research. Case study being a method of
intensively exploring and analyzing the life of a single unit.
TECHNIQUES OF DATA COLLECTION
39
Techniques used for primary data collection in this research are Schedule an
Interview. This research is focused on statistical graphs and case studies. RTI
office given us published numerical data which are processed and analyzed to
make graphs and also by interviewing to make case studies.
40
REFERENCES
1. Fred N. Kerlingr, Foundations of Behavioral Research, 2nd Ed.,1983, Surjeet Publications, Delhi, p.11
2. Bernard Berelson & Gary A. Steiner, Human Behaviour; An inventory of Scientific Findings (N.Y.
Harcourt, Brace and World, 1964).
3. P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand &
Sons Educational Publishers, New Delhi, p.4
Sons Educational Publishers, New Delhi, p.5-6
41
CHAPTER 5
CORRUPTION
Corruption defined as misuse of entrusted power for private benefit is unfortunately endemic in Pakistan.
No structure, no tier and no office of public sector is immune from it. Its spread is enormous. It has
reached every organ of state — beyond executive it has put its claws on judiciary and legislature even. It
would be no exaggeration to say that the whole body of the state of Pakistan is suffering from this malaise
and wailing under its dead weight. So enormous is its incidence that Pakistan is ranked 139th in the
comity of nations on the scale of corruption free governance. This ranking is not at all enviable or
acceptable. “Corruption manifests itself in various forms in Pakistan, including widespread financial and
political corruption, nepotism, and misuse of power. Both petty and grand corruptions are prevalent in the
country” 1. Corruption clouds almost all tiers of government; it is all pervasive and deeply entrenched.
“The level of corruption in the society ultimately depends on the values and morals of that society” 2.
Over the period acceptability of corruption has rather increased in the society and there is little evidence
that people feel guilty about their own role in corruption. The scale of corruption is highest in
development projects and procurement (including defense and public sector corporations) and the bank
loan write offs. Whereas mega corruption is mainly in development projects, bank loans and
procurements which rocks the foundation of the economy, the common man is more interested in the
petty and middle level corruption that he encounters in the daily dII.
GENESIS OF CORRUPTION IN PAKISTAN
The roots of corruption in Pakistan date back to the colonial period when the Britishers rewarded lands
and titles to those who were their loyalists leading to nepotism and corruption3. Two major crises played a
fundamental role in the genesis of corruption in this part of the world; the spiral in the defense related
purchases during and after the World War II and allotment of evacuee property after the partition of
Indian subcontinent4. This was followed by industrial and trade licensing and patronage schemes like
42
bonus voucher and route permits in 1950s and 1960s. The nationalization policy of the 1970s created new
opportunities for corruption and gave birth to a new breed of corrupt government officers. The decade of
1980s witnessed the surge of corruption in religious and business circles. The causes of this malady are
to be found in the socio-cultural and political matrix of the Pakistani society which presently is faced with
a gradual loss of value system and even identity. It is extremely difficult to ascertain the exact causes and
their degree in matters pertaining to human psyche and temperament, yet according to a Perception
Survey carried out by Transparency International Pakistan in year 2004, the following causes have been
determined as the major contributors towards corruption and their estimated degree in percentage terms
has also been indicated in Table 1.
Petty corruption is mainly for getting access to public services or to bypass or twist the laws and the
rules. Middle and grand corruption pertain to public contracting and procurement. In a pre-dominantly
capitalist economic order and the increasing adherence to principles of free market, rise in corruption and
speed money clearly makes an economic sense. Some of the so-called economic reasons can be
enumerated as under:
1. Bribe serves as an incentive for the government servants.
43
2. It is a kind of price that equates supply and demand in every field and office
3. Paradoxically in many cases it reduces transaction cost for the petitioners/applicants by saving
their time and miscellaneous costs on frequent visits.
4. In case of getting contracts, certain concessions or exemptions and buying shares and parcels
of privatized firms the rate of return on every unit of bribe is phenomenal.
5. Similarly net gains through bribing the voters, score off the cost of the venture.
6. Payments for getting favorable decisions in civil suits may be only a fraction of the value of the
suit. Similarly securing one’s liberty in criminal cases involving huge sums has a lot of intrinsic
value.
7. “High inequality can lead to greater incentives for corruption” 5.
This is however only the commercial side of it. In the real economic sense it is a net loss to the society in
terms of reduced availability of funds for development, artificial increase in cost per unit of resources use
and increased impoverishment of the weaker sections of the society. “Corruption and poor governance
limit economic growth and retard the development of a healthy private sector” 6.
TYPES OF CORRUPTION
Three types of corruption can be identified in democratic societies:
1- Grand Corruption
It generally refers to the acts of the political elite (selected officials) by which they exploit their power to
make economic policies7. A corrupt political elite can change either the national policies or the
implementation of national policies to serve its own interests at some cost to the populace; public
spending is diverted to these sectors where gains from corruption are greatest; also little attention is paid
to whether the needs of the collectivity are served by those works or services8.
44
This type of corruption is difficult to identify and measure especially when at least some segments of the
population will gain.
This type of corruption may have very serious consequences for a society. To study the link between this
type of corruption and the cost of misdirected public policies is difficult because of the lack of precise
measurements tools.
However, the extreme situations of this type of corruption are somewhat easier to study where a dictator
makes no distinction between his own wealth and that of the country or makes policy decisions that serve
exclusively his own interests.
2- Bureaucratic Corruption this is the corrupt acts of the appointed bureaucrats in their dealings with
either their superior (the political elite) or with the public. In its most common form, usually known as
petty corruption, the public may be required to bribe bureaucrats either to receive a service to which they
are entitled or to speed up a bureaucratic procedure. Corruption in the judiciary, where bribes can lower
either the costs or the chances of legal penalties 9 is another form of this type of corruption. Models for
this type of corruption have relied on equilibrium in markets for supply and demand of services which in
turn leads to the analysis of costs and revenues associated with these services.
Figure below highlights the three types of corruption in democratic societies which are shown in bold
dotted arrows: the relationships between the populace and the political, administrative, and judicial elite10.
45
3- Legislative Corruption this refers to the manner and the extent to which the voting behavior of
legislators can be influenced. Legislators can be bribed by interest groups to enact legislation that can
change the economic rents associated with assets. This type of corruption would include "vote-buying"11.
46
TYPES OF CORRUPTION IN DEVELOPING COUNTRIES
1- High-level corruption (well organized corruption) Such types of corruption can be seen as kick back
paid to defense ministers in exchange for his or her country's purchase of expensive jet fighter aircrafts.
2- Low-level corruption (Chaotic Corruption) This type of corruption includes bribes paid to civil servant
for issuing a driver's license (bribes need to be paid to several officials, no guaranteed delivery for the
target).
Those two types of corruption tend to coexist and reinforce each other and there is little empirical data
available to test which type is worse. (Theoretically, the chaotic corruption has worse effects than the
well organized corruptions).
CAUSES OF CORRUPTION
Corruption is wide spread in developing countries, not because their people are different from people
elsewhere but because conditions are ripe for it, 12. such as :
1. Motivation to earn income is extremely strong due to:
a) Poverty.
b) Low salaries (wages).
c) High risks of all kinds (illness, accidents and unemployment); (lack of insurance).
2. Opportunities to engage in corruption are numerous, more regulations lead to higher opportunities for
corruption.
3. Weak legislative and judicial systems.
4. Law and principles of ethics are poorly developed.
5. Population relative to natural resources is large.
47
6. Political instability and weak political will.
EFFECTS OF CORRUPTION
We can summarize the consequences of corruption as follows:
1. Lower investment, including foreign direct investment.
2. Reduced Economic growth.
3. A shift in the composition of government spending from more productive to less productive activities.
4. Greater inequality and high incidence of poverty.
5. Reducing the efficiency of aid.
6. Exposing the country to currency crises.
ANTI-CORRUPTION EFFORTS
PREVENTION OF CORRUPTION ACTS: 1947, 1950 AND 1958
The Prevention of Corruption Act, 1947 implemented in the Dominion of Pakistan was enacted
to make effective provisions for the prevention of bribery and corruption of public servants,
particularly in the bureaucratic administration. The autonomous Princely State of Bahawalpur
adopted its own version of the act, namely the Bahawalpur Prevention of Corruption Act, 1950.
In 1955, an accord was signed between Nawab Sadeq Mohammad Khan V and Lt Gen Ghulam
Muhammad Malik which made the state of Bahawalpur a part of the province of West Pakistan.
This geopolitical change meant that the original act needed amendments to include Bahawalpur
and other regions which were originally left out of the act. Subsequently in October 1958, an
ordinance was passed to extend the act to the whole of the province of West Pakistan – this is
48
known as the Prevention of Corruption Act (West Pakistan Extension) Ordinance, 1958. This
ordinance extended the scope of the original to the districts of Karat, Kharan, Makran and
Lasbela and also repealed the Bahawalpur Prevention of Corruption Act, 1950.
NATIONAL ACCOUNTABILITY BUREAU ORDINANCE, 1999
On 16 November 1999, Ordinance XIX was passed which later came to be known as the
National Accountability Bureau Ordinance. It called for the establishment of the National
Accountability Bureau (NAB) as an autonomous federal institution building efforts to combat
cases of corruption, financial crimes and economic terrorism in Pakistan. According to the
ordinance, NAB was granted authority to launch investigations, conduct inquiries, and issue
arrest warrants against individuals suspected in financial mismanagement, terrorism, corruption
in private, state, defence and corporate sectors), and direct such cases to accountability courts.
Individuals convicted under the National Accountability Bureau Ordinance are prohibited from
holding political office for ten years13.
PROVINCIAL LEGISLATION AGAINST CORRUPTION
The provincial governments of Pakistan are responsible for legislations in their respective
provinces and since 2013, there has been several legislative efforts against corruption, primarily
in the provinces of Khyber Pakhtunkhwa and Punjab. Following is a list of recent anti-corruption
legislations:
KHYBER PAKHTUNKHWA ANTI-CORRUPTION LEGISLATIONS
The Khyber Pakhtunkhwa Right to Information Bill was passed in the provincial assembly on 31
October 2013. It was enacted throughout the province by the Governor of Khyber Pakhtunkhwa
on 4 November 2013 as the Khyber Pakhtunkhwa Right to Information Act, 201314. The
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legislation makes way for provisions that add transparency to the various functions and
departments of the government. It gives the citizens of the province the right to access any
information or record held by a public body, except for the information that is sensitive to the
security of the state.
BENEFITS OF IMPLEMENTATING RTI LEGISL ATION
Outcomes for Government efforts to increase official transparency have yielded many benefits
for governments.
VOTER’S CONFIDENCE/ CITIZEN’S MANDATE
The province disclosure of official information improves public trust in government and removes
suspicions about it inner workings. This explains why popular movements, whether against
corruption as in the Indian states of Maharashtra and Rajastan, or against monarchy as in Nepal,
are usually accompanied by strong demands of guarantees on the right to information.
RULE OF LAW AND ACCOUNTABILITY
Promotion of the right to information enhances public awareness of official rules and policies
and their own legal obligations. This is likely to strengthen rule of law in numerous ways:
1. Greater public awareness on the laws and policies they live under encourages compliance
with and respect of law.
2. Citizens are empowered to check that governments are making decisions in public
interest rather than under the influence of special interest groups. They are also enabled
to hold governments accountable for corruption, mismanagement and violation of official
policies and rules.
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ENHANCED OPERATIONAL EFFICIENCY
Effective implementation of RTI legislation encourages and enables governments to improve its
internal information management. This ensures the speedy and cost effective disclosure of public
information and strengthens the institutional memory of government offices, aiding officials to
make more informed policy choices more efficiency.
OUTCOMES FOR CIVIL SOCIETY
Civil institutions like the media and civil society organization and ordinary citizens have all
benefitted from the effective implementation of RTI legislation15.
PERSONAL INFORMATION REQUESTS
Citizens are able to access their personal information with greater ease, including medical
records and information about eligibility to certain benefits. Even in countries where such
requests were commonplace before RTI was given effect, the passage of laws on access to public
information have helped in the development of robust rules and procedures regarding the
handling of personal information requests.
PRESSURING GOVERNMENT FOR BETTER SERVICE DELIVERY
In countries with weak social services, RTI legislation has enabled citizens to pressure
governments to ensure efficient service delivery and minimize delays. Obstruction and
arbitrariness in the provision of social services. In many countries, individual citizens and civil
society organizations have also used rti laws to evaluate the performance of service delivery
mechanisms and advocate for their improvement.
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Combating corruption and other wrongdoing promoting the right to information has enabled
ordinary citizens and civil society organizations around the world to expose government
corruption and mismanagement. Rti laws have also been used by individual citizens and civil
society organizations, at both national and local levels, to ensure the protection of civil rights.
PARTICIPATION IN DECISION MAKING
Individual citizens and civil society organizations have been empowered to participate in
government through the enactment of RTI legislation. In the absence of such laws, people lack
the means to monitor and access the actions and decisions issuing from governments. Even in
countries where such information is readily available, additional information about government
rules and policies may be necessary for people to provide informed feedback on government.
Investigation reporting the media performs a vital function within all democracies by monitoring
the performance of government and the conduct of public officials and disseminating the
information to the public. Media also informs people about their rights. Effective implementation
of RTI has strengthened media performance in all the above areas.
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REFERENCES
1. Chene, Marie (2008), Overview of corruption in Pakistan. Retrieved May 17, 2010,from
http://www.u4.no/helpdesk/helpdesk/query.cfm?id=174.
2. Vittal, N. and S. Mahalingam (2004), Fighting Corruption and RestructuringGovernment. New
Delhi: Manas Publications
3. Awan, Malik Khuda Bakhsh (2004), Anti-Corruption: Strategies in Pakistan.Lahore: Book Biz.
4. UNDP (2002), National anti-corruption strategy – 2002. Retrieved on May 17, 2010from
http://www.undppc.org.fj/userfiles/file/Pakistan National Anti-Corruption Strategy.pdf.
5. Yolles, Maurice (2008), A social psychological basis of corruption and sociopathology. In De Luca,
Federico N. (ed.), Economic Corruption: Detection,Costs and Prevention. New York: Nova Science
Publishers, Inc.
6. UNDP (1997), Corruption and good governance, Discussion paper 3, Retrieved May 17, 2010 from
http://www.undp.org/oslocentre/PAR_Bergen_2002/corruption3.htm.
7. Krueger, A.O, (1993a) Plicitical Economy of Policy Reform in Developing countries, Mass: MIT
Press.
8. Porta, D.D. and Vannucci, A. (1997) The 'Perverse Effects' of Political Studies, 45, (Special Issue),
516-38
9. Rose-Ackerman, S. (1998) Corruption and Development. Annual World Bank Conference on
Development Economics 1997: pp 35-57.
10. Arvid, K. Jain, (2001) Corruption : A Review, Journal of Economic Surveys, vol. 15, No. 1, Blackwell
Publisher Ltd.
11. Rose-Ackerman, S. (1999) Corruption and Government: Causes, Consequences, and Reform,
Cambridge: Cambridge University Press.
12. Mauro, P. (1998) " Corruption : Causes, Consequences and Agenda for Further Research" Finance and
Development (March) 12-14.
13. "Pakistan: Country Reports on Human Rights Practices". Bureau of Democracy, Human Rights,
and Labor. United States Department of State. 25 February 2004. Retrieved 24 December 2013.
14. Khyber Pakhtunkhwa Assembly (5 November 2013). "Khyber Pakhtunkhwa Right to Information
Act, 2013" (PDF). Peshawar, Khyber Pakhtunkhwa: Government of Khyber Pakhtunkhwa.
Retrieved 29 December 2013.
15. Mendel, Toby (2011): pg. 1, “Right to Information and Citizenship”, paper read at Conference on
Freedom of Information in Zambia, March, Zambia; [online at
http://www.right2info.org/resources/publications/rti-and-citizenship-mendel, accessed August 7,
2015]
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CHAPTER 6
COMPLAINTS TO RTI
STATISTICAL DATA ANALYSIS REPRESENTED IN GRAPHS
With the introduction of RTI act in Khyber Pakhtunkhwa, A commission was established under
the RTI act to facilitate people. RTI act crafted new hopes in common man now he is able to
access that documents or record which were not easy to get to in past. The establishment of Right
to Information Commission under the RTI act has its existence in Peshawar. The purpose of the
Commission was to collect complaints and do provide information to complainant. The RTI
commission receives complaints or applications, process the same which includes letters to
concerned Department and reply to complainant as the case may be.
After establishment of the RTI Commission at Peshawar the Commission has received a large
number of applications from common people. Here we shall present an overview of the year-
wise applications received to RTI Commission.
YEAR 2014
In the year of 2014 the Commission has received large number of applications. After studying of
these the complainant’s applications can be divided into two major categories i.e. applicants
require information or they require some sort record from a public office.
Total No. of Cases Registered since 23rd Dec. 2013 till 31st Dec. 2014 was 290. All the cases
are closed after proper proceedings. In applications if we look into the gender ratio, there are
about 29 applications which were submitted by females.
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As the applicants submit a query for information or record gathering the Commission shall sends
letter to concerned department for providing of information. After proper reply from the
concerned department the Commission gives the same to applicant. If department fail to produce
information, the commission sends reminders and show-cause notices if they are totally reluctant
to provide. The normal duration for total process completion is 60 days. In the year 2014 there
are about 182 applications which are completed or information is provided within 60 days and
the remaining took more than 60 days.
There are cases where 05 show-causes are issued to concerned department, and in 02 cases fine
were imposed.
MALE AND FEMALE

Female Male
10%
90%
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COMPLETION DAYS
Beyond 60 Days,
Beyond 60 Days
108
Within 60 Day Within 60 Day, 182
0 20 40 60 80 100 120 140 160 180 200
COMPLAINTS SUMMARY 2014

Total No. of Cases Registered since 23rd Dec. 2013 till 31st Dec. 2014: 290
No. of cases closed: 290
No. of cases open: 00
No. of complaints by Females: 29
No. of Bundle Complaints: 25
No. of Show Cause Notices Issued: 05
No. of Cases in which Fine imposed: 02
(Source RTI Commission Peshawar) November, 2017
YEAR 2015
In the year 2015 as it’s was the RTI Commission 2nd operational year; the application receiving
ratio is increased as with the increase in public awareness about RTI. In the year 2015 the RTI
Commission has received a total of 1091 applications.
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The majority of the applications were processed and closed as information is provided to
applicants. Here the term closed is used as because information is transferred successfully from
department to applicant. The applicants after receiving information analyze information
channeled through RTI Commission and inform Commission about data provided. The feedback
from applicants helps RTI Commission to prepare performance report on departments and their
focal persons. The number of cases in the year 2015 was 1091, in which 1070 cases were closed
after providing information to applicant, while the remaining 21 case were left open as they were
in progress to complete.
The participation of the Female applicants increased also, out of 1091 there are about 143
applications sent to RTI by the Females.
Normal process completion day are 60, in the year 2015 there are about 209 total applications
which were processed within 60 days. Only 4 applications resolved beyond 60 days.
In Khyber Pakhtunkhwa Health and Education the most populated departments and have its
existence at every district of province. Both departments provide services to enormous number of
people in KP. They expend hefty budgets and have large number of employees. On average RTI
Commission receives applications majority of them are about Health and Education departments.
In the other departments are Local Government, KP Public Service Commission, Universities,
and Police etc.
The month-wise receiving of applications:
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Total Application
140
120
100
80
60
40
20
0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Total Application 86 87 53 73 67 68 117 119 121 103 108 89
58
Gender-wise Report
143
No of Female Complaint
No of Male Complaint
948
21
Closed Cases
No of Closed Cases
No of Open Cases
1070
Total No. of Cases Registered since 1st Jan. 2015 . 1091

No. of cases closed 1070
No. of cases open 21
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No. of complaints by Females 143
Month wise Complaints Status/ January 86
February 87
March 53
April 73
May 67
June 68
July 117
August 119
September 121
October 103
November 108
December 89
YEAR 2016
In the year 2016 application receiving ratio increase, as from January to December there are
about 1520 applications received in various categories. In the received cases about 1225 cases
were closed successfully by providing the required data to applicant and about 295 were left
open which were in progress to complete.
Majority of the applications i.e. about 1434 received from male applicants while remaining are
female applicants.
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Female
MALE AND FEMALE 6%
Male
94%
The month –wise graph:
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Jan
Month-wise Graph 350
Dec 300 Feb
250
Nov 200 Mar
107
150 91
169
100 117
50
Oct 67 0 125 April
95 112
62
116 110
Sep May
August June
July
61
Closed cases
295
No of Closed Complaints
1225, 81% No of Opened Complaints

No. of complaints by Males 1434
Month wise Complaints Status/January 349
February 91
March 117
April 125
May 112
June 110
July 62
August 116
September 95
October 67
November 169
December 107
YEAR 2017
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In the current year of 2017 the analysis workout shall be from the month of January till the
month of May. Total number of received application received in these 5 months is 498. In which
the closed cases are 161. While there 337 open cases. The application received from Female
applicants is 10 while 485 applications are submitted by the male applicants.
The month-wise summary report is as under:
140
120 Month-
100 wise report
80
60 Total Application
40
20
0
Jan Feb Mar Apr May
Applications received by gender:
Gender report
Female Male
2%
98%
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No. of complaints by Males 485
Month wise Complaints Status/January 98
February 101
March 124
April 77
May 99
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CHAPTER 7
CASE STUDY AND PROCEDINGS
CASE STUDIES
Right to Information
Case study 001
Complaint no 1272
Proceeding date 1st March 2016
Complainant: Sher Wali Khan
Complaint against District Education Officer Swabi
Complaint Provision of Seniority List of Junior clerks
Proceedings
The case was discussed with the public body for provision of the combine seniority lists. The
public body informed that a joint seniority lists is prepared by the Directorate of EnSE. The PIO
of the Directorate of EnSE shall provide the seniority lists to complainant within 7 days
intimating the Commission.
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Case study 002
Complaint no 1345
Proceeding date 1st March 2016
Complainant: Malik M Adnan
Complaint against TMA D.I Khan
Complaint Provision of information
Proceedings
In the proceedings the Legal Advisor of the TMA attended the meeting, while complainant was
absent.
The Public Body informed the Commission that the record consists of a large no of file; the
Commission has forwarded a schedule of fee to the complainant. The Public Body shall calculate
the cost of information and shall inform the complainant. After fee deposit the Public Body shall
provide the same information within seven days intimating the Commission.
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68
Case study 003
Complaint no 1789
Proceeding date 8th Sep 2016
Complainant: Sami Ullah
Complaint against PESCO Peshawar
Complaint Provision of Information
Proceedings
The complainant was in person present in the proceedings. And informed that the information
provided were incomplete.
The Public body representative informed that the he has recently been assigned the responsibility
and not aware of the case. The Commission has provided the copy of the request, and the
representative undertakes to provide the same information within seven days informing the
Commission.
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Case study 004
Complaint no 2392
Complainant: Sheraz Qayum
Complaint against Health Department Peshawar
Proceedings
The complainant was not in person present in the proceedings.
The case was discussed in detail with Mr. Tariq the Section Officer Health, he informed the
attendants that he has putted the file before the Secretary Health and is not yet approved. He
undertakes that as the Secretary approves file he will provide the same to the complainant and
intimating the Commission.
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Case study 005
Complaint no 2102
Complainant: Amir Nawaz Khan
Complaint against University of Science and Technology Bannu
Proceedings
The complainant was in person present in the proceedings. The Public Relation Officer Bashir
Ahmad was also present.
The complainant has asked for information under the six heads, the information were provided
under the head 1 and 2, while the remaining were not provided. The PIO undertakes to provide
the same information within seven days and intimating the Commission.
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Case study 006
Complaint no 2342
Complainant: Mehboob Ullah
Complaint against DG Health Services Peshawar
Proceedings
The complainant was in person present in the proceedings and Deputy Director Admin DG
Health Services Peshawar also took part in proceedings.
The Public Body was agreed to sort the information, the complainant were instructed to
accompany the representative to dig out the information. Both the parties were directed to inform
the Commission as the case may be.
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Case study 007
Complaint no 1813
Complainant: Habib Ur Rehman
Complaint against DG Health Services Peshawar
Proceedings
The complainant was in person present and Deputy Director Admin DG Health Services
Peshawar also took part in proceedings.
The case discussed in details with both the parties. The representative of the Public Body
undertakes to supervise the progress made in the context of complainant application.
Also he undertakes the responsibility to provide the information when the same is located. Both
the parties are directed to intimate the Commission.
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Case study 008
Complaint no 2260
Complainant: Muhammad Haris
Complaint against Mardan Development Authority
Proceedings
The complainant was in person present and Project Director Nasir Khan Orakzai also took part in
proceedings.
The case discussed in details with both the parties. The representative of the Public Body
informed that the information sought are scattered in various section of Mardan Development
Authority, so the complainant shall accompany him to collect same from sections.
Both the parties are directed to intimate the Commission.
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Case study 009
Complaint no 1026
Complainant: Asghar Ali Khan
Complaint against KPTI Board Peshawar
Proceedings
The complainant was in person present and Legal Advisor Mian Muhammad Asad also took part
in proceedings.
The complainant has not been provided the total number of applications received in response to
both the advertisements.
The complainant seeks supply of information regarding the selection criteria set for the post.
The complainant also seeks information under which a candidate is selected. The Public Body
provided the educational testimonial to the complainant.
The complainant is directed to visit in next date and receive the information. The complainant is
directed to inform the Commission regarding the information provided or visit the PIO office.
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Case study 010
Complaint no 936
Complainant: Muhammad Zeeshan
Complaint against AWKU Mardan
Proceedings
The complainant was not in person present and the Office Assistant Mr. Rafique Yousafzai
representing the PIO was present. The PIO was in an exam duty. It was informed that the
University always changes the PIOs so it creates hurdles for the requesters.
The complainant sought information in four heads from the University which was not fulfilled
and so filled complaint. The representative of the University informed that the information shall
be gathered and shall be provided to complainant. The complainant was directed to collect the
same information from the office on agreed dates. And inform the Commission upon receiving
the information.
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Case study 011
Complaint no 800
Complainant: Numan Reayat
Complaint against AWKU Mardan
Proceedings
The complainant was in person present and the Office Assistant Mr. Rafique Yousafzai
representing the PIO was present. The PIO was in an exam duty. It was informed that the
University always changes the PIOs so it creates hurdles for the requesters.
The complainant previously has launched a complaint for provision of information, a part of the
same was provided as a result of proceeding on 3rd of September 2015. For the remaining part
the complainant again lodged a complaint with the RTI Commission, the PIO on 3rd September
2015 was informed to provide information to the complainant till 7th of September 2015.
The complainant has sent an email to the PIO of the University for the provision of information,
but the PIO didn’t respond to the email. It has been observed that the callous and uncalled for
attitude, adopted by the Abdul Wali Khan University PIOs, reflects very poorly on the Public
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Body as far the supply of information to the complainants/requesters is concerned.
When called to RTI Commission the representative of the AWKU has brought no document
proof. He informed that the newly appointed PIO was busy in exam duties, and the Commission
may inform the complainant to visit PIO’s office and collect information. The Assistant Registrar
has informed the PIO of the University to ensure his attendance on 13th Oct 2015, but he failed to
do so.
The complainant has registred his complaint with the Commission in July 2015, and the RTIC
has informed categorically the PIOs to provide the same information to complainant, but all to no
avail. As all the avenues have been exhausted without the University authorities taking notice,
hence a show cause notice is issued to the PIOs of the Public Body.
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Case study 012
Complaint no 857
Proceeding date 16th Oct 2015
Complainant: Aziz ur Rehman
Complaint against Provincial Assembly Peshawar
Proceedings
The complainant was in person present and the Special Secretary Mr. Atta Ullah Khan was in
person present.
The case was discussed in detail. The complainant has asked information in five heads. The PIO
has informed that information is already provided to the complainant. And the rest shall be
provided to complainant intimating the Commission. It was suggested that under the RTI act the
Provincial Assemble shall place the information on its website so the make the information
available to public.
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Case study 013
Complaint no 866
Complainant: Munawar Ahamd
Complaint against DHQ Hospital Kohat
Proceedings
The complainant was in person present and DMS Dr. Fazal rehman and MS Dr. Nasim Jan was
in person present. The case pertains to the supply of certificate in respect of Dr. Wadood who
allegedly complete his house job from Liaqat Memorial Hospital Kohat for a period of six
months. According to the complainant the said doctor is now in Canada. His degree is
conditional to certificate by the DHQ hospital on its official letterhead certifying that the said
doctor has practiced in Surgical ward of the Hospital. The representative of the Hospital
informed that the said record is not present in Hospital. And due to creation of new Hospitals the
record is shifted to Liaqat Memorial Hospital Kohat. Said hospital is a separate entity and having
its own Superintendent. The representatives undertake to search the said record at said Hospital.
They are directed to search the record within one and inform the Commission through Telephone
or Fax. The proceedings were adjourned at the decision.
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Case study 014
Complaint no 869
Complainant: Khurram Mehtab
Complaint against Haripur University, Haripur
Proceedings
The complainant was not in person present and Mr. Hanid Khichi Legal Advisor and Mr Aibak
Assistant Registrar of Haripur University were present.
The case was discussed in detail with the representatives, the requested copy of complaint and
information required were give to representatives. According to them the majority of information
were provided to complainant through Peshawar High Court, Abbotabad Bench.
And the remaining information shall be provided to the complainant within five days to the
Commission, and the representatives of the Haripur University also promised to upload the same
record on Haripur University’s website under section 5 of RTI act 2013.
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Case study 015
Complaint no 1774
Proceeding date 5th April 2016
Complainant: Asad Zia
Complaint against Provincial Assembly Peshawar
Proceedings
The complainant was not in person present and Mr. Atta Ullah Special Secretary KP Provincial
Assembly was present.
The case was discussed in detail with Public Body, the PIO informed that they have provided the
requisite information regarding the amount paid to contractor via letter no.
PA/KP/PS/20165/4103-04 dated 8th February 2016, Copy of which is available on the file of this
Commission. The rest of information available on website of Public Body i.e. pakp.gov.pk, if the
complainant was not able to find the link he may acquire the same information in hard copy from
Public Body. Both the bodies were directed to inform the Commission about the provision of
information.
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Case study 016
Complaint no 1874
Complainant: Rafi Ullah Khan
Complaint against Rescue 1122
Proceedings
The complainant was in person present and Mr. Aruj Sherazi Public Relation Officer/ PIO and
Mr Shah Fazil Assistant Director Admin were also present. The case was discussed in detail with
the Public Body, the PIO of the Rescue 1122 has informed the attendants that the appointment
of the Emergency Officer has not been finalized so the same couldn’t be provide to complainant
at this stage. During the discussion it has been transpired that the appointment of the Emergency
Officers had been completed and they are deriving their salaries from the Government exchequer
but that the case is subjudice and hence the documents can’t be provided.
He was informed that the case being subjudice is an entirely different matter. As the process of
appointments has been completed and the appointee has started deriving pay, hence the PIO of
the Public Body was directed to provide the same information within two days.
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Case study 017
Complaint no 1815
Complainant: Hussain Basri
Complaint against DC Swabi
Proceedings
The complainant was not in person present and Mr. Amjid Ali Additional Assistant
Commissioner, Office of Deputy Commissioner Swabi was present.
The case was discussed with in detail the PIO of the Public Body. In this case it so happened that
the complainant filed an application for the allotment of bungalow situated inside the Shah
Mansoor Judicial Complex Swabi. Her case was processed by the Public Body but in the mean
time the file was lost. Now the complainant has asked for the procurement of her original file.
The representative of the public body has brought a copy of the Office Order dated: 13.01.216,
where by the said bungalow was allotted to the Additional Assistant Commissioner –II.
It may be appreciate that in every district headquarter there are two types of accommodations i.e.
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designated houses and other bungalows. As far as the designated houses are concerned it needs
no allotment order. And the allotment of other bungalows a seniority list is maintained who are
eligible for Government accommodation. The bungalow 5 falls in the second category so there
must be a seniority list.
The Deputy Commissioner Swabi was directed to send a seniority list maintained for allotment
of accommodation so that Commission would ensure the bungalow allotment was on seniority
list. The PIO was also directed to provide a certificate to the complainant regarding the supply of
correct information under section 10(3) of the RTI act 2013.
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100
Case study 018
Complaint no 1291
Complainant: Nadir Khan
Complaint against Administration Department Peshawar
Proceedings
The complainant Nadir Khan was in person present and Mr Ehsan Elahi Manager Civil Officer
Mess was also present.
The case was discussed in detail with both the parties. The case pertains to Room no. 17
occupied by the Mian Iftikhar Khan, Information Minister since 2012-13. The complainant was
sought the allotment order, occupation period, paid and outstanding rent. Mr Ehsan Elahi has
already given in writing that such a record in not available in their office.
The Secretary (Services) is directed to take notice of the missing record because already an audit
para is in existence regarding this occupation and the consequential payment of rent etc. Under
the law whenever official record goes missing ordinarily an inquiry is conducted and
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responsibilities are fixed.
The Manger Civil Officer Mess seeks time to produce the relevant record before this
Commission. Accordingly he should produce the record on or before the 25th April 2016, before
this Commission. The record should be complete in all respects. If the record is found an attested
copy shall be provided to the complainant.
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Case study 019
Complaint no 1037
Complainant: Aziz ur Rehman
Complaint against Establishment Department Peshawar
Proceedings
The complainant Aziz ur Rehman was in person present. Syed Muhammad Farrul Salain,
Additional Secretary/ PIO Establishment Department were also present.
The case was discussed in details with both the parties. The PIO stated that the information
already been provided to the complainant. He brought a letter through which the information
were sent to complainant. It was noted that only the number of houses were provided to the
complainant. The complainant has mentioned that the information provided were incomplete and
he require the number of houses along with details and also want to know the allottees to whom
these were houses were allotted.
The PIO was directed to provide the same information within seven days under intimation to this
Commission.
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Case study 020
Complaint no 1293
Complainant: Javed Khattak
Complaint against CMO Lachi Kohat
Proceedings
The complainant Javed Khattak was in person present. Mr. Muhammad Amin TMO, Tehsil
Municipal Administration Lachi Kohat were also present. The case was discussed in details with
both the parties. The case pertains to the installation of 35” Hand Pumps in the Tehsil Municipal
Committee. The Tehsil Municipal Committee is the executing agency. It was the contention of the
complainant that he be provided information when the work was initiated on seven specified Hand
Pumps. The Public Body informed that the contractor is not required to note down the initiation of each
Hand Pump. The complainant has stated that he needed these information regarding the installation of
particular Hand Pumps. Since the Public body doesn’t hold information therefore it is not possible for the
Public body to provide specific information regarding particular Hand Pumps. However the current
scheme is still under execution so the Public Body shall provide the details of amount paid to contractor
so far. The representative of the Public Body undertakes to the same copy by tomorrow. Both the parties
were directed to inform the Commission about provision and receipt of the information.
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CHAPTER 8
CONCLUSION
There have been a number of reforms in the field of administration and enactment of Right to
Information is one of them, but these reforms could not yield into desired results. Therefore, it
becomes imperative to find out the reasons which cause impedance in effective implementation
and use of Right to Information Act. During research, the researcher found the following
obstacles in effective use and implementation of Right to Information Act, which can be
successfully removed by the government with the cooperation of people, Civil Societies, NGOs
etc:-
OBSTACLES IN IMPLEMENTATION OF RIGHT TO
INFORMATION ACT
Illiteracy is one of the basic impedance in the effective use and implementation of Right to
Information Act. It is established in the present research that RTI awareness is more in educated
people than uneducated people, which means that education is a key for empowerment. The
government should focus on elimination of illiteracy in its five-year plans and development
schemes. Participation of various civil societies, nongovernmental organization, social workers
and public should be encouraged in illiteracy removal.
Poverty is another reason which causes impedance in the effective use and implementation of
Right to Information Act. The government should focus on poverty eradication through various
welfare schemes, development planning, employment generation and sustainable development.
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Unemployment is another cause of concern for effective use and implementation of Right to
Information Act. It is established in the present research that RTI awareness is more in the
employed people. The government should focus on establishment of skill development centers
and employment generation schemes to its citizens.
A majority of population is not fully aware of provisions of Right to Information Act. Despite
this Act being a path-breaking legislation and image changer, it’s very poor level of awareness is
a cause of concern for the bureaucracy and political executives of the State. People do not know
what are their rights and what is the procedure to obtain the information. The citizen must be
made aware of what to ask and how to ask. Unawareness of the Act and its welfare-oriented
provisions, if not timely addressed, will defeat the very purpose of its enactment. Awareness as
an empowerment is a key to “Good Governance”, therefore thrust on awareness building must be
continued. Government should start special awareness camps especially in the rural areas and
with special attention for females. Cooperation of Civil Society and NGOs must be obtained
towards awareness. Various cultural events like folk songs, festivals, Mela etc are to be utilized
for improving awareness. Simultaneously, concerned officials should be imparted training
programmes towards efficient and effective implementation of the Act.
Documents are not systematically maintained and recorded in some of the offices of State
government nor has their computerization been done. As such, even where SPIO in these offices
wishes to supply the information to the applicant, he is unable to retrieve the information from its
files within the stipulated time-frame. Competent authorities in these offices should initiate a
time-bound programme for efficient record management.
The process of obtaining information seems very simple on paper, but in practice it is very
tedious. People are not aware to whom they should approach for a particular type of
109
information. Different rules for the Centre and States, especially about the fee also create
confusion for the public. Local Civil society organization should play a meaningful role to guide
the citizens.
At present, there is no mechanism or mode of evaluation for the public authorities to ascertain
up-to what extent the provisions of Right to Information Act have been implemented. There is
no method for fixing responsibilities and enforce full implementation. The Act only specifies
the particular duties for CPIO/SPIO but there is no mechanism to see whether appropriate
formats and registers have been developed to ensure full implementation of the Act. There is no
monitoring who can supervise whether all the requirements under the Act have been complied
with or not. Government should look into these, frame suitable evaluation mechanism,
monitoring mechanism, fix the responsibilities and initiate coercive actions against defaulting
officials where the Act is not fully implemented.
Lack for separate resource allocation for implementation is also a major obstacle. While the fee
prescribed under the Act is sufficient to meet with the cost of information which is supposed to
be supplied to the applicant, but necessary infrastructure like availability of sufficient computers,
internet connections, stationery, and equipments for storing and preserving records are found
lacking in almost all the offices. Government should take steps for making separate resource
allocation for implementation of the Right to Information Act.
RECOMMENDATIONS
1. To create awareness about the important provisions of the Act among the people the
role of the mass media and Non Government Organizations is vital. Regular
publication of the objectives and role of Right to Information Act through the mass
110
media and electronic media is necessary. Non Government Organizations should
organize meetings, forums, seminars in different areas specifically in rural areas so
that the people can be easily convinced about the merits of Right to Information Act.
2. To facilitate the dissemination of information and to speed up effective
implementation of the Act, the number of Right to Information office can be
increased. These offices give an opportunity for people to ask any questions about
how they can use the Act to extract information from State bodies.
3. The system is that one has to deposit a certain amount of fees to get the information
should be avoided. We should follow the procedure followed in European Countries
at the time of supplying information to the people. In those countries, information is
available without any cost. Every department should open its own website so that one
can be able to collect information as one needs.
4. In the European countries, every department has its own website. After providing the
information if anybody has doubt can ask questions through e-mail and the answers
are supplied to him within twenty-four hours. If any person wants to make discussion,
then that person is informed regarding the time, date and venue of discussion within
seven days. Such practice needs to be followed in our country.
5. Right to Information penalties for delay in information are rarely imposed. An
effective penalty system or damage realization method should be started to
discourage people from violating the provisions. The penalties on the officers should
be made stringent and may be deducted from their salaries.
6. Public Authority can prepare a Right to Information ready plan where each officer
can do a self evaluation and identify areas of improvements and budget requirements.
111
This would help in meeting the infrastructural needs, thereby meeting the
requirements of the Act.
7. A monetary incentive for the officers may be considered. Often, the Public
Information Officers are liable to pay penalty, for reasons beyond their control. So
while a penalty has been mandated by the Act, they should also get rewarded for
good performance. This is important at places where Public Information Officers
handle a high volume of Right to Information applications.
8. For quick and rational responses to the applicants, specific software application like
Right to Information-compliant template and ‘information request management’ may
be designed for implementation at public authority level.
9. The public authorities providing information should classify the applications and
complaints received under Right to Information Act, so that rendering replies may be
easy. Separate sections dealing with a particular subject can be prepared. The method
of classification must be decided in advance.
10. The team of people handling Right to Information need to be of dedicated and
meritorious people. This would on the one hand generate employment and on the
other hand would provide active and dynamic leadership. People can be considered
from universities, Non Government Organizations, advocates, engineers, doctors, etc.
who have depicted their performance. Once, competent people are in place such
institutions would work well and good governance would be the ultimate result.
112
11. It would be desirable to have a system of grading of important Right to Information
offices based on their performance in providing information. This will lead to healthy
competition and also motivate the officers to improve their performance.
12. Culture of openness and transparency are lacking in our administrative system. There
is a need of constant interactions among the Information Commissioners, Public
Information Officers and appellate authorities. The Right to Information must
develop forward and backward linkages with other organizations to bring strength
and creativity in the implementation process. There can be forum to facilitate
exchange of information amongst related organizations and amongst different states.
13. The government can take steps to increase awareness among the people through
radio, television, newspaper. Advertisements, printing and distribution booklets,
pamphlets, walling, etc., may be resorted to spread the aims and objectives of Right
to Information Act among the people.
14. A time may come when information requirements may be more than the generation
of information. The government should proactively take concrete steps like making
available the information on internet on a really large scale.
15. A separate study is recommended to improve the current record management
guidelines and make them ‘Right to Information friendly’. Re-organisation of record
management system to promote information management is recommended.
16. Even if the posting as Public Information Officer is only a part of the overall
responsibilities handled by the officer, a mandatory column on the Public Information
Officer’s performance must be added in the annual reports.
113
17. There are many cases of Right to Information Activists being beaten up and the
whistle blowers being caught in the legal and administrative problems. The
government should make a provision to protect the whistle blowers and the Right to
Information activists who release information on wrongdoing.
PRACTICAL UTILITY OF RESEARCH
Any research or study is meaningful when it can serve any practical purpose or show its utility in
public. Present research, which is carried out in the Indian background, is sufficient to explain
that awareness towards laws and legal rights; however it is still an untouched matter for citizens
in India, which demands an extensive movement both at the level of government as well as civil
societies to increase awareness of Right to Information Act among the masses. The following is
the practical utility of this research in increasing awareness and creating suitable social
atmosphere towards Right to Information Act:-
FOR PEOPLE – Having studied the awareness of Right to Information Act within the Gwalior
city, it has emerged that, presently, its awareness level is very low amongst the citizens. The
present research will be useful for presenting a true picture of RTI awareness in Gwalior city as
well as creating awareness amongst the citizens so that they can empower themselves and
contribute in the participative democracy.
For Students – Students are future law abiding citizens. Their higher awareness of Right to
Information Act will be beneficial to the society and country. It will enable them to know their
rights and procedure to ensure openness, transparency and accountability in the governance,
which will onward enable them to fight against corruption, graft and irregularities.
114
FOR CIVIL SOCIETIES AND SOCIAL WORKERS – This research will be useful for civil
societies and social workers because it will help them in knowing the current level of awareness
of Right to Information Act amongst the citizens and subsequently plan their projects, seminars,
camps etc towards generating and improving the awareness.
For Educational Institutes – Education is the first step of awareness. Educational institutes can
make the present research will help the educational institutes to modify their syllabus by
including RTI in school level and college level syllabus and contributing in increase in
awareness. Teachers can also teach their students the provisions of Right to Information Act
and contribute in society.
FOR MEDIA – Media can sponsor the programmes for creating social awareness of Right to
Information Act among the citizens on the basis of this research. Newspapers can publish
articles pertaining to use and implementation of Right to Information Act and can contribute in
creating its further awareness.
FOR THINKERS – The present research will help the thinkers to analyze the hindrances and
loopholes coming in the way of effective use and implementation of Right to Information Act
and further generate their views for improvement in the Right to Information Act.
FOR GOVERNMENT – The present research will be helpful for government in getting a true
picture of the level of implementation of Right to Information in Gwalior City and subsequently
initiate corrective actions so that the Act is fully implemented in all its departments. It will
further help them to plan their awareness measures at Central, State and Local level
115
BIBLIOGRAPHY
BOOKS
Awan , Malik Khuda Bakhsh. Anti-corruption strategies in Pakistan Lahore: Bookbiz, 2004.
N , Vittal, and S, Mahalingam. Fighting Corruption and Restructuring Government: New Delhi:
Manas Publications, 2004.
Maurice ,Yolles. A social psychological basis of corruption and socio pathology. New York:
Nova Science Publishers, Inc, 2008.
A.O, Krueger. Plicitical Economy of Policy Reform in Developing countries: Mass: MIT Press,
1993.
D.D, Porta and Vannucci, A. The 'Perverse Effects' of Political Studies: 1997.
Rose-Ackerman, S. Corruption and Government: Causes, Consequences, and Reform,
Cambridge: Cambridge University Press, 1999.
Kerlingr, Fred N. Foundations of Behavioral Research, Delhi: Surjeet Publications, 1983.
Bernard Berelson & Gary A. Steiner, Human Behaviour; An inventory of Scientific Findings
N.Y: Harcourt, Brace and World, 1964.
Tripathi, P.C. A Textbook of Research Methodology in Social Sciences, New Delhi: Sultan
Chand & Sons Educational Publishers, 2005,.
Arvid, K. Jain, Corruption: A Review, Journal of Economic Surveys New Delhi: Blackwell
Publisher Ltd, 2001.
116
THESIS
Chuhan, Dharmendra Singh “Analytical Study of use and implementation of RTI (with reference
to Gwalior City)” Doctor of Philosophy Thesis in Public Administration, Jiwaji University
Gwalior.
JOURNALS
Thomas Emerson, Towards a General Theory of First Amendment, The Yale law Journal, Vol.
72, 1963: 877-956.
P.K. Saini and R.K. Gupta, Right to Information Act, 2005, Chapter 4: Right to Information:
Perspective Obstacles and Role of Information Literacy:33-92
P.K. Saini and R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt.
Ltd., 2009, Chapter 1: Right to Information Act, 2005: Obstacles and Challenges :3-10.
WEBSITES
Centre for Law and Democracy & Access Info Europe, “Overview of Results and Trends”, law-
democracy.org http://www.law-democracy.org/live/wp-content/uploads/2013/09/Report-
1.13.09.Overview-of-RTIRating.pdf (accessed 30 July, 2015).
United Nations Treaty Collection, “Chapter IV: International Covenant of Civil and Political
Rights” un.org https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
4&chapter=4&lang=en (accessed August 7, 2015).
117
Toby, Mendel, “Freedom of Information as an Internationally Protected Human Right”
article19.org https://www.article19.org/data/files/pdfs/publications/foi-as-an-international-
right.pdf (accessed on July 28, 2015).
Laura Neuman & Richard Calland “Making the Access to Information Law Work: The
Challenges of Implementation”, The Right to Know,
http://www.cartercenter.org/resources/pdfs/peace/americas/making_the_law_work.pdf (accessed
30 July, 2015)
Centre for Law and Democracy, “Country Data”, Global RTI Rating Series, September, rti-
rating.org http://www.rti-rating.org/countrydata (accessed August 10, 2015)
Sanjay, Sharan “Reviewing the Right to Information Through the Prism of Indian Policy
Process”, International Institute of Social Studies, thesis.eur.nl http://thesis.eur.nl/pub/10788
(accessed July 30, 20150
Supreme Court of India , “State of UP vs. Raj Narian and Ors 1975”, indiankanoon.org
http://indiankanoon.org/doc/438670/
Sanjay, Sharan, “Reviewing the Right to Information Through the Prism of Indian Policy
Process”, International Institute of Social Studies, thesis.eur.nl http://thesis.eur.nl/pub/10788/
(accessed July 30, 2015)
United Nations Treaty Collection , “Chapter IV: International Covenant of Civil and Political
Rights”, un.org https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
4&chapter=4&lang=en &
https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280004bf5 (accessed August 7,
2015).
118
Shehri.org, “History of Freedom of Information Legislation in Pakistan”,
http://shehri.org/rti/legislation.html (accessed on August 16).
The Asia Foundation, “Citizens' Access to Information in South Asia”, Regional Synthesis
Report, August, Nepal. 70. PILDAT (2004): pg. 15, “Proceedings: Freedom of Information”,
Briefing Sessions for Parliamentarians and Parliamentary Staff, (accessed on May 16).
Centre for Law and Democracy & Access Info Europe “Overview of Results and Trends”,
Global RTI Rating Data Analysis Series, September, Canada www.law-democracy.org
http://www.law-democracy.org/live/wp-content/uploads/2013/09/Report-1.13.09.Overview-of-
RTIRating.pdf (accessed 30 July, 2015)
UNDP, “National anti-corruption strategy”. http://www.undppc.org.fj/userfiles/file/Pakistan
National Anti-Corruption Strategy.pdf (Retrieved on May 17, 2010).
UNDP, “Corruption and good governance”
http://www.undp.org/oslocentre/PAR_Bergen_2002/corruption3.htm (Retrieved May 17, 2010).
Khyber Pakhtunkhwa Assembly. "Khyber Pakhtunkhwa Right to Information Act, 2013" (PDF).
Peshawar, Khyber Pakhtunkhwa: Government of Khyber Pakhtunkhwa. (Retrieved 29 December
2013).
Marie, Chene, “Overview of corruption in Pakistan”
http://www.u4.no/helpdesk/helpdesk/query.cfm?id=174 (Retrieved May 17, 2010).
WEBSITES VISITED
KP Government website www.kp.gov.pk
RTI Commission Website http://www.kprti.gov.pk/
119
REPORTS
Report on Citizens' Access to Information in South Asia Regional 2014, Nepal.
Report on KP RTI 2014-15
Report on The Public's Right to Know: Principles of Freedom of Information Legislation 1999,
London.
Report on Country Data: Pakistan Global RTI Rating Series 2015
Report on Right to Information Act in Madhya Pradesh 2007, Madhya Pradesh.
OTHER SOURCES
Centre for Peace and Development Initiatives (2009): pg. 6, “Freedom of Information Ordinance
2002 and its implementation”, December, Islamabad.
PILDAT (2004): pg. 14, “Proceedings: Freedom of Information”, Briefing Sessions for
Parliamentarians and Parliamentary Staff, May, Islamabad.
Shehri.org (2014), “History of Freedom of Information Legislation in Pakistan”, as accessed on
Centre for Peace and Development Initiatives (2015): pg. 19, “State of Right to Information
Legislation in Pakistan 2014-15”, July, Islamabad.
120
PILDAT (2004), “Briefing Paper on Freedom of Information”, PILDAT Briefing Paper Series
for Pakistani Parliamentarians, June, Lahore, Pakistan.
Standing Committee of National Assembly on Information, Broadcasting and National Heritage
(2013), “Special Report on Right to Information Bill, 2013”, March, Islamabad; [online at:
http://nacomminfobh.pk/Activities/Specialreports/SpecialReportonRighttoInformation.pdf
121

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KHYBER PAKHTUNKHWA

RTI ACT 2013

PAKISTAN STUDY CENTER

PAKISTAN STUDY CENTER

and courage accomplish this tough academic research work.

the topic and setting up the framework of my study.

completion of this thesis work.

“ To my husband M. Kamran with deepest gratitude

Who always was a source of Strength for me.

CHAPTER 1 INTRODUCTION .................................................................................................................. 1

regulation and reasonable restriction imposed.

information of Public concern was greatly kept secret.

transparency and accountability. It is also participating effective and efficient.

repercussion on public security.

between the citizens’ right of transparency of information in administrative functioning and

efficient governments’ confidentiality in sensitive matters. The preamble to Right to Information

receive public information becomes a pillar of democratic set-up.

 To know about the constitutional rights of citizens.

 To enable the citizens to be involved in public affairs to effectively ensure transparency

 To discover alternative solutions to various social problems.

 To study the implementation of Right to Information Act in public offices/institutions.

The process of data collection consists of two parts:

Primary data is collected by face to face interview.

Books, newspaper, Articles, Thesis, research papers and websites.

UNIVERSE OF THE STUDY

Khyber Pukhtunkhwa is the universe of the study.

DIFFICULTIES IN DATA COLLECTION

STRUCTURE OF THE THESIS

1. KP RTI Annual Report 2015-16

2. RTI “About RTI” www.kprti.gov.pk http://www.kprti.gov.pk/page.php?PageId=44&MenuId=5

(accessed dated September 2017)

direction to the research.

Governmental Organizations (NGOs) and Community Based Organizations (CBOs) cannot be

THE IMPORTANCE OF THE RIGHT TO INFORMATION

stability and change in the society.

between the citizens’ right of transparency of information in administrative functioning and

efficient governments’ confidentiality in sensitive matters. The preamble to Right to Information

promote transparency and accountability.

Figure: Flow chart of the RTI implementation

Right to Information Application

Public Information Officer

Central Information Commission

THE STAKE-HOLDERS IN RIGHT TO INFORMATION

is a stake holder in the success of the regime for information freedom.

needs of his masters, the members of the public5.

THE POLITICAL EXECUTIVE:

Greater transparency in official work places a higher level of responsibility on political

to politicize their achievements6.

functions that are now within its ken7.

THE CORPORATE SECTOR:

enhanced credibility of an open government as an engine of economic growth8.

THE INFORMATION COMMISSIONS:

Commission is to function as an adjudicator as well as regulator. If the Commissions are to

implementation of the RTI Act by all authorities in the state9.

OBSTACLES IN EFFECTIVE IMPLEMENTATION OF THE

record management is equally pervasive in the states as well as in Central Governments

Thirdly, an effectively transparent information regime demands a transformation in the mindset

authority, but strengthen its own role in a vibrant democracy.

methods – over use, disuse and hide & seek.

implementation of the Act and defeat its purpose.12

oriented towards a single, overriding value.14

He further identified following15 other challenges in proper and effective implementation of

whether all actions as per sec 4 are taken.