SHAHBAZ AKMAL JANDRAN vs PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore S

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SHAHBAZ AKMAL JANDRAN VS PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore S.35-B---Special cost, awarding of---Futile and frivolous litigation against a state institution---Where a state institution is dragged in futile and frivolous litigation, special cost can be awarded. Citation Name: 2025 PLD 649 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHBAZ AKMAL JANDRAN VS PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore art. 14--- Punjab Transparency and Right to Information act (XXV of 2013), Ss. 3 & 13(1)(b)---Right to information---Right to privacy and home of an individual---Dignity of a man---Scope---The solemnity of privacy of a person has been guaranteed under art. 14(1) of the Constitution---Expression 'privacy of home' used in art. 14 of the Constitution is not restricted to the physical house of a person but it covers the entire treasure of his personal life, as the privacy attaches to the person, not to the place where it is associated---The right to privacy involves the protection of individuals from unwarranted intrusion into their personal lives. Citation Name: 2025 PLD 649 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHBAZ AKMAL JANDRAN VS PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore Ss.3 & 13(1)(b)---Constitution of Pakistan, Arts. 9, 14 &19-A---Right to information---Scope and essence---Exception stated---Right to privacy of an individual---Brief facts of the matter were that the appellant, filed complaints under Art. 19-A of the Constitution read with S. 3 of the Punjab Transparency and Right to Information Act, 2013 (the "Act 2013") before the Punjab Information Commission (the "Commission"), seeking detailed information from the Excise and Taxation Department (the "Department"), regarding the Excise and Taxation officer, inspectors, zone numbers and names of property circles, etc.---The Commission directed the Department to disclose the information, however, the Department resisted, citing S. 13(1)(b) of the Act, 2013, which exempted disclosure of information violating individual privacy---The Department challenged the Commission's orders through Constitutional petition---The Single Judge-in-Chambers accepted the Constitutional petition while setting aside the Commission's orders, holding that the requested information fell within the domain of protected privacy---The appellant filed the present appeal (I.C.A) challenging the decision passed in the Constitutional petition---Moot point of the matter was as to "whether the scope of the fundamental right to access information, as enshrined under Art. 19-A of the Constitution, and the provisions of the Punjab Transparency and Right to Information Act, 2013, permitted the disclosure of personal information of taxpayer maintained by a public body, or whether such disclosure was lawfully barred under S. 13(1)(b) of the Act 2013 on the ground that it would cause harm to a legitimate privacy interest of individuals"---Held: The right to information was primarily intended to give access to the citizen to the information gathered and maintained by public authorities to ensure that government was functioning in a transparent manner and accountable to the people it served---By allowing individuals to have access to the information qua government activities, income, expenditure, policies, and decision-making, helps to prevent corruption, abuse of power, and promotes better governance---However, the Act 2013 ibid provides certain exception as under S. 13(1)(b) of the Act ibid any request to provide information which violates the privacy of an individual can validly be withheld---This was rooted in the idea that while the public has the right to know about the workings of government, the life of a private individual should be respected and protected---The privacy directly related to an individual's personal life, such as their name, address, phone number, family details, medical history, financial status, etc. which had validly been safeguarded in almost every law---Admittedly, the substantial information as permissible under the Act 2013 was already provided to the appellant by the respondent No.1/Department through the Commission/respondent No.2---The appellant made request for getting information qua disclosures of names of taxpayer and information regarding individual properties owned by different taxpayers but imparting of requisite information was subject to an unambiguous consent of said individual otherwise request could validly be regretted under S. 13(1)(b) of the Act ibid---The Commission in blatant excess of its jurisdiction passed the orders, whereby, the respondent No.1/ Department was directed to provide private information of the individuals to the appellant, thus the Single Judge in Chamber had rightly allowed the Constitutional petition of the respondent No.1/ Department and set aside the aforesaid orders of the Commission being violative to the above said provision of law and same was immune from any inference by the High Court through the present Intra Court Appeal---Intra Court Appeal being devoid of any merits was dismissed in limine. Citation Name: 2025 PLD 649 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHBAZ AKMAL JANDRAN VS PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore S.13(1)(b)---Constitution of Pakistan, Arts .9, 14 & 19-A---Right to information---Exception---Right to privacy of an individual---Scope---A public information officer may refuse an application for access to information where disclosure of the information shall or is likely to cause harm to a legitimate privacy interest, unless the person concerned has consented to disclosure of the information---Such provision gives the power to public information officer to refuse the application for access to information where such disclosure of information is likely to harm the legitimate privacy or interest of individual unless the person concerned has consented to disclosure of information---Right to information under Art. 19-A of the Constitution and the Punjab Transparency and Right to Information Act, 2013 does not extend to any 'legitimate privacy interest' of an individual guaranteed under Arts. 9 & 14 of the Constitution and protected under S. 13(1)(b) of the Act ibid. Citation Name: 2025 PLD 649 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAHBAZ AKMAL JANDRAN VS PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore Right to information---Right to privacy---Scope---The religion of Islam, undoubtedly is a complete and comprehensive code of life which provides full protection to privacy and confidentiality of every individual---It also emphasizes the importance as a mandatory injunction qua spying on others or unwarranted intrusion into their private personal affairs---In this regard, reference is made to Ayat No.12 of Surah Al-Hujurat.

SHAHBAZ AKMAL JANDRAN vs PROVINCE OF PUNJAB through Director General, Excise and Taxation, Lahore S — 2025 PLD 649 LAHORE-HIGH-COURT-LAHORE

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