Law: Right of Access to Information Act, 2017

Section: 2(ix)

Law: Constitution of Pakistan, 1973

Section: 19A

(a) Supreme Court Rules, 1980--- ----O. III, R. 1---Registrar of Supreme Court, powers of---Registrar initiating litigation on behalf of the Supreme Court without approval from the latter---Not permissible---Supreme Court Rules, 1980 ('the Rules') provide that the Registrar is the 'executive head of the office and shall exercise such powers as assigned to him'---Said Rules do not grant to the Registrar the specific power to initiate litigation and though the Chief Justice may assign 'any function required by the Rules to be performed by the Registrar', the Rules do not require, nor envisage, initiating litigation---Therefore, the Registrar could not be given this responsibility nor could he undertake it. Registrar Supreme Court of Pakistan v. Hassan Akbar 1987 PCr.LJ 1321 and Registrar Supreme Court of Pakistan v. Qazi Wali Muhammad 1997 SCMR 141 distinguished. (b) Right of Access to Information Act (XXXIV of 2017)--- ----S.2(ix)---Constitution of Pakistan, Art. 19A---Public body---Scope---Supreme Court of Pakistan---Right of Access to Information Act, 2017 ('the Act') applies only to public bodies as defined in section 2(ix) of the Act and this definition does not include the Supreme Court of Pakistan---However, the Supreme Court is not excluded from the purview of Article 19A of the Constitution, and information of 'public importance' can be sought thereunder---Article 19A stipulates that information be provided subject to regulation and reasonable restrictions imposed by law---However, there is no law which attends to the Supreme Court in this regard nor has the Supreme Court itself made any regulations---If a law is enacted and/or regulations made, requests for information would be attended to in accordance therewith and in accordance with Article 19A of the Constitution. (c) Constitution of Pakistan--- ----Art. 19A---Right to information---Scope---What previously may have been on a need-to-know basis Article 19A of the Constitution has transformed it to a right-to-know---Burden has shifted from those seeking information to those who want to conceal it---Access to information is no longer a discretion granted through occasional benevolence, but is now a…

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