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PIC rejects use of ‘sub judice’ shield by public entitities

The Punjab Information Commission building. — The News/File
The Punjab Information Commission building. — The News/File

LAHORE: The Punjab Information Commission (PIC), in a significant assertion of citizens’ constitutional right to information, has ruled that public institutions cannot use the pendency of court proceedings as a blanket ground to deny access to official records. It directed the University of Agriculture Faisalabad (UAF) to provide copies of appointment orders and other employment-related information sought under the Punjab Transparency and Right to Information Act, 2013.

The ruling came in Complaint No. 20-10-2025-2 filed by Advocate Chaudhry Mubashir Abbas after UAF failed to respond to an RTI application dated Sept 26, 2025.

In its final order issued on April 7, 2026, the commission held that the university failed to show how disclosure could prejudice judicial proceedings, observing that “the fact of any matter being sub judice does not ipso facto attract any of the exceptions provided in Section 13(1)” of the RTI Act.

The case concerned information on the legal status of the university’s Directorate of Human Resources and the service record of Acting Director HR Tassadaq Shahbaz Rana, including appointment orders, qualifications, and service history.

The university withheld appointment records, citing a pending writ petition before the Lahore High Court and invoking Section 13(1)(f) of the RTI Act.

Throughout proceedings, the PIC repeatedly questioned this stance, noting in its Dec 3, 2025 order that reliance on a two-year-old court notice did not justify withholding records. The commission also noted delays, non-appeara warned of penal action under Section 15 of the RTI Act.

In its final hearing, the commission rejected the university’s arguments: “Neither any such opinion nor facts have been argued by respondent public body, which has merely quoted legal provision without providing any legal or factual basis,” the order stated.

Consequently, the commission directed UAF to provide the requested appointment orders to the complainant. The order was jointly signed by Information Commissioner Bushra Saqib and Chief Information Commissioner Muhammad Malik Bhulla.

Speaking after the ruling, UAF Public Information Officer Mr Jehanzaib said: “We are a government institution and respect the sanctity of the Information Commission. We have received the orders and the compliance will be made accordingly,” he said.