IHC seeks complete record of Toshakhana gifts
ISLAMABAD: The Islamabad High Court on Monday issued notices to the Cabinet Division and directed the federal government to provide details of Toshakhana gifts from the available record.
Justice Miangul Hassan Aurangzeb of the IHC heard the petition seeking details of Toshakhana gifts given to the successive presidents and prime ministers since 1947.
The petitioner, a lawyer by profession, informed the court that the Pakistan Information Commission (PIC) had ordered the government to provide Toshakhana details on June 29 this year, adding that the Cabinet Division did not comply with the PIC order.
He requested the court to order the Cabinet Division to provide details of Toshakhana gifts presented to the chief executives and heads of state, along with the market value of these gifts and the prices charged.
Law officer tells court details of gifts received prior to 1990s ‘may not exist’
Deputy Attorney General Syed Ahsan Raza Shah told the court that Toshakhana’s record prior to the 1990s might not exist.
The counsel for the petitioner said his client had sought details of the gifts given by other countries to the presidents and prime ministers, but the Cabinet Division had refused to provide the information claiming it to be classified.
Justice Aurangzeb asked the petitioner to explain the reason for confining details to the prime ministers and presidents and not seeking information about the gifts taken by public servants?
Justice Aurangzeb directed the federal government to provide information of the available record to the court and adjourned the hearing till next month.
In a separate case on the same issue, Justice Aurangzeb in April observed the government can release the details of Toshakhana gifts received by former prime minister Imran Khan as there is no restraining order to withhold the information.
The judge had remarked that the government reciprocates the gesture of receiving gifts from foreign heads of states. He added the government should formulate a policy on Toshakhana gifts since they were gifted to state functionaries and who should not be able to claim such gifts after paying a nominal amount.
The previous case was filed by petitioner Abrar Khalid who had sought details about gifts received by former PM Khan from the PIC. The Cabinet Division had opposed the request, pleading before the PIC that this matter did not fall within the ambit of Right of Access to Information Act, 2017.
While referring to a letter dated April 4, 1993 that had declared the details of Toshakhana “classified/secret”, it argued the information could not be requisitioned under the Access to Information Act.
Later, the Cabinet Division filed a petition in the IHC claiming the PIC order was “illegal”. The then PTI government had adopted the stance that the disclosure of any information related to Toshakhana could jeopardise foreign relations.
Hearing a similar case, earlier this month, the Lahore High Court (LHC) also directed the federal government to submit complete details of the Toshakhana gifts received by political rulers and bureaucrats from foreign dignitaries since the creation of Pakistan.
The LHC’s directives came after a federal law officer, while representing the Centre, argued the record of Toshakhana articles was classified in nature and could not be made public.
However, the judge observed that the details were classified only when a buyer or retainer of Toshakhana items was supposed to declare his purchases in the annual tax returns.
Published in Dawn, December 27th, 2022