AJK HC Admits Writ Petition Seeking Access To Secure Right To Information

AJK HC admits writ petition seeking access to secure right to information

MIRPUR (UrduPoint / Pakistan Point News - 8th Jun, 2023 ) :, Jun 08 (APP) ::Azad Jammu and Kashmir High Court Mirpur Circuit on Thursday admitted a writ petition seeking access to secure right to information for regular hearing by hearing preliminary arguements and notices were issued to all concerned to respond on next date of hearing on July 18, this year.

The learned High Court of AJK while admitting the petition regarding the implementation of Right to Information in Azad Kashmir, High Court Mirpur Circuit Justice Sardar Ejaz Khan admitted the writ petition for regular hearing and fixed the next hearing on July 18, 2023 issuing notices to the respondents including the government of AJ&K through the Chief Secretary, AJK Minister of Law, Minister of Information, Secretary of Law and Parliamentary Affairs, Secretary of Information, DG Press Information Department of AJK and and other concerned to file the written statements on the above next date of hearing.

The petition titled " Zafar Mughal etc. vs. Azad Govt. and others", was accepted by hearing preliminary arguements and notices were issued to all concerned.

In order to meet the constitutional requirements of the AJ&K Interim Constitution, 1974 under the 13th Constitutional Amendment Paragraph XXII under Article 4 was introduced, whereby Right to Information declared as fundamental right.

The Government of AJ&K and the State Legislative Assembly of AJ&K have been asked to enact the Right to Information Act, formulate rules and regulations to establish an Information Commission/Tribunal including relevant appointments in government institutions - so that the journalist, lawyer communities and a common man may be able to get every lawful information from government departments.

The writ petition filed in the Azad Jammu and Kashmir High Court Mirpur Circuit titled " Zafar Mughal etc. vs. Azad Govt. and others", was accepted by hearing preliminary arguements.

According to the details, under the United Nations Charter of Demand 1948, freedom of expression and right to access to correct information are recognized as fundamental human rights, which are also recognized in the Constitution of Islamic Republic of Pakistan, 1973, Article 19-A and the Interim Constitution of Azad Jammu and Kashmir Interim Constitution, 1974. Right to information has been recognized as a fundamental human right in paragraph 22 Article 4 of Constitution of AJ&K.

But the present Government and Legislative Assembly of AJ&K have not implemented the constitutional provision of the Right to Information Act as per its true spirit and the establishment of Information Tribunal/Commission and the appointment of Public Information Officers in Government and Semi-Government Institutions.

Which is necessary to make system transparent and corruption free. In view of which, senior Kashmiri journalist Zafar Mughal, senior Kashmiri jurist Qazi Adnan Qayyum Advocate represented the petitioners in the High Court of AJ&K Circuit Mirpur.

The petition was admitted for regular hearing. It was ordered by the learned High Court to respondents to file the written statements along with affidavits and related documents in order to implement Right to Information law in AJK. A writ petition was subjudice in the High Court Mirpur Circuit.

In this writ petition, it was stated that at the federal level under Article 19 A of the Constitution of Pakistan 1973 Federal Right of Access to Information Act 2017, at the provincial level Sindh Transparency and Right to Information Act 2016, Punjab Transparency and Right to Information. Act 2013, Balochistan Right to Information Act 2015 and Right to Information Act 2013 are in force in KPK, while in Azad Khata, despite the right to information being recognized as a fundamental right in the Thirteenth Constitutional Amendment in the Interim Constitution of 1974 on June 2, 2018, its non-implementation has left the people In particularly journalists and lawyers are facing difficulties in accessing correct information and conveying it to the public, due to which the constitutional and legal requirements are not being fulfilled according to the true spirit of the constitution.

While the officials of the AJK government and semi-government institutions also often refuse to provide correct information about their institutions due to the non-implementation of the Right to Information Act, which is against the constitution. Due to the fact that the journalists associated with it are not able to access the correct information, the people are also deprived of the awareness about the correct information On which a writ petition titled Zafar Mughal etc. vs. Azad Govt. etc. was filed in Azad Jammu and Kashmir High Court Mirpur Circuit for access to correct information under the Constitution and law and enforcement of Right to Information Act in all matters of public importance - so that according to the purpose of the 13th Constitutional Amendment, 2018, the implementation of the Right to Information Act in the independent region and the establishment of all relevant authorities under it and the establishment of relevant rules and regulations, the appointment of public information officers in government and semi-government institutions, and correct information by using the basic constitutional right of access and acquisition, journalists and lawyers can improve their professional skills and performance and convey accurate information to the public.

AHR.