(INP): A Significant Decision by the Pakistan Information Commission: The 2017 Right to Access to Information Act Declares PASSCO a Public Body
The Pakistan Information Commission (PIC) has determined that the Pakistan Agriculture Storage and Service Corporation (PASSCO) is categorically regarded as a public body, falling under the jurisdiction of the Right of Access to Information Act, 2017. This is a major and far-reaching ruling. The commitment to transparency and the rights of citizens to get essential information are reaffirmed by this decision. The decision was made in response to the appeal “Naeem Sadiq Vs. Pakistan Agriculture Storage and Service Corporation,” for which the Commission rendered a thorough decision. The Commission’s order makes it clear that PASSCO performs an important public function despite its corporate commercial status as a Public Limited Company with 75% of its paid-up capital owned by commercial banks and 25% by the Federal Government.
The Rules of Business (Entry No. 31) provide that the Federal Government has administrative responsibility of PASSCO. This categorizes PASSCO as a public body, as stated in Section 2 (ix) (d), (g), and (h) of the RTI Act, 2017. The Commission clarified that the case at issue involved an employee dispute, not PASSCO’s organizational structure, and that it addressed the citation (2002 PLC (C.S) 1650) cited by PASSCO in its written statement. According to a ruling by the Supreme Court of Pakistan, PASSCO staff are classified as “civil servants” for several purposes. However, PASSCO clearly complies with the RTI Act’s definition of a public organization when it performs public duties and is administratively managed by the Federal Government.
In response to PASSCO’s argument that it is not a public body as defined by Section 2(ix) of the Right to Access to Information Act of 2017, the Commission vehemently rejected this allegation. To ensure the protection of citizens’ rights to access essential information held by public entities, the Pakistan Information Commission has ordered PASSCO to disclose the sought material to the appellant within 10 working days in accordance with this judgement. This choice is an important step in improving Pakistani transparency, accountability, and citizens’ access to information.
