Public bodies bound to provide information, says CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa said on Saturday people have the right to have information about the institution that runs with their money.

Addressing a workshop, titled ‘2nd Law-Bridge Workshop on Superior Courts Reporting’, held here at the Asma Jahangir Auditorium, he said it was the right of every citizen to have access to information. And if any institution refuses to provide access to information, it would have to give reasons for it.

The workshop was jointly organised by the Supreme Court Bar Association (SCBA), Directorate of Legal Education Pakistan Bar Council, Press Association Supreme Court (PAS) and Islamabad High Court Journalists Association.

CJP Faez Isa said that “Article 19 of the Constitution gives you freedom of expression, while Article 19A is about access to information”. The CJP said court reporters were the source of providing information about the court proceedings to the public.

“Information is a very effective weapon; Article 19A of the Constitution is related to the fundamental right to provide information,” the CJP said, adding that providing information had become a right for every citizen; now it is not our right to show you something or not to show it.

The chief justice said it was necessary to provide information on the institutions that were subject to the Federation. “Therefore, access to information as a citizen is your right,” the CJP said adding that “the institution which does not give information, now has to tell why it is not giving it”.

The CJP said society could be changed by showing a positive light. He said the process of accountability starts with information, adding that when he took over, there was no full court meeting for four years. “We started live coverage of the court proceedings as soon as we arrived. Live coverage is also supported by all judges,” the CJP said, adding that efforts were made to telecast important cases live so that people did not make any accusations on the basis of misunderstanding.

The CJP said that the first woman registrar was appointed to the Supreme Court, adding that they present themselves before the public for accountability. Similarly, the SC had sent back the officers sitting on deputation beyond time. He said an effort was being made to run the Supreme Judicial Council (SJC) properly, adding that had the Council handled the work in the past, there would not have been so many complaints.

Speaking at the workshop, Justice Athar Minallah said judges should not be afraid of criticism and they should be independent, adding that the truth had been hidden for seventy-five years but with the passage of time, the truth would come out.

“Everyone should criticise the judiciary but also trust it as well,” Justice Minallah said adding that “as judges, we are the property of people”. “In modern times, the state could not ban freedom of expression, but subject to restrictions imposed by law,” the judge said. He said Ugandan President Edhi Amin had a quote that “there is an expression of opinion but I cannot guarantee your opinion and then freedom”.

Justice Minallah, however, said when someone bans expression like Edhi Amin, society is destroyed. “No matter how many lies are told, the truth is the truth,” the judge added.

In Zulfikar Ali Bhutto’s trial, Justice Minallah said the newspapers did not write him accused or innocent. He said that in 1971, if the expression of opinion was valued, Pakistan would not have been broken, adding that a unique picture was shown to the people of West Pakistan.

“The question we have to ask ourselves as to where we are heading,” Justice Minallah said, adding that everyone wanted their own decisions and conversations. He said judges should not be influenced by social media, adding that if a judge is influenced by social media, then he is violating his oath.