PAKISTAN TELECOMMUNICATION AUTHORITY vs PAKISTAN INFORMATION COMMISSION Ss — 2024 YLR 929 ISLAMABAD

Case information

Citation: 2024 YLR 929 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: YLR
Parties: PAKISTAN TELECOMMUNICATION AUTHORITY vs PAKISTAN INFORMATION COMMISSION Ss
Subject matter: Constitutional
Provisions referred to: S. 7; Pakistan Citizenship Act; Information Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN TELECOMMUNICATION AUTHORITY VS PAKISTAN INFORMATION COMMISSION Ss. 7 & 11---Constitution of Pakistan, Arts. 9, 10, 10A, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 26 & 199---Constitutional petition---Access to information---Scope---Words "citizen" and "person"---Distinction---Petitioner/ Pakistan Telecommunication Authority was aggrieved of order passed by Pakistan Information Commission directing petitioner to hand over minutes of meeting in question---Validity---For various fundamental rights, the word "citizen" has been used viz. rights provided under Arts. 15 to 20, 23, 25 and 26 of the Constitution, whereas in some other fundamental rights, the word used was "person" (Arts. 9 to 10A, 12, 13 & 24 of the Constitution)---Use of different terminologies cannot be an oversight and where two separate terms are used, it means that two different meaning are to be attributed---Certain rights are available to the citizens and other to the persons---Concept of person is wider than that of citizen---Any corporation or company incorporated under laws or even a statutory body is a legal person but might not be a citizen as defined in Pakistan Citizenship Act, 1951---Respondent company sought minutes of the meeting with respect to license awarded to a third party---Protection under S. 7 of Right of Access to Information Act, 2017, was afforded to minutes of meeting of any public body subject to a final decision in the matter---Petitioner/Authority could hand over final decision of the public body to respondent company as the decision was not protected unlike protection afforded to defence contracts and similar matters---High Court modified the order passed by Pakistan Information Commission---Constitutional petition was dismissed accordingly.

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