Appeal before Information Commissioner

TO THE INFORMATION COMMISSIONER, PAKISTAN INFORMATION COMMISSION, ISLAMABAD

APPEAL AGAINST DENIAL OF INFORMATION UNDER SECTION 17, RIGHT OF ACCESS TO INFORMATION ACT 2017

Appellant: appellant_name, appellant_cnic, appellant_address, appellant_contact Respondent: public_body_name, public_body_address, represented by respondent_representative, respondent_contact

APPEAL AGAINST DENIAL/DEEMED DENIAL OF RIGHT TO INFORMATION REQUEST

1. The appellant, appellant_name, holder of CNIC No. appellant_cnic, resident at appellant_address, hereby submits this appeal against the denial of an information request by public_body_name in contravention of the Right of Access to Information Act 2017. 2. ORIGINAL REQUEST: The appellant submitted a request for information to public_body_name on original_request_date requesting the following: original_information_requested 3. DENIAL/DEEMED DENIAL: The respondent public body has denied the request by letter dated denial_date, reference denial_reference, on the following grounds: denial_grounds Alternatively, the respondent has failed to provide a response within the prescribed timeframe of ten working days, thereby constituting a deemed denial of the request. 4. GROUNDS OF APPEAL: The appellant respectfully submits that the denial is unjustified and contravenes the Act for the following reasons: a) The requested information does not fall within the exemptions enumerated in Section 5 of the Act. b) exemption_challenge_1 c) exemption_challenge_2 d) The exemption claimed is not specific and does not identify the particular harm that would result from disclosure. e) The public interest in disclosure of the information outweighs any claimed exemption. f) The respondent has failed to follow proper procedure as mandated under the Act in processing the request. 5. DENIAL LETTER ANALYSIS: The letter of denial dated denial_date is defective in the following respects: - Failure to specify the provision(s) of Section 5 under which exemption is claimed - Lack of detailed reasoning for the claimed exemption - Failure to inform the appellant of the right to appeal - Non-compliance with prescribed procedural requirements 6. PUBLIC INTEREST: The information sought is of significant public interest as it concerns: public_interest_justification 7. NATURE OF INFORMATION: The requested information is: - Documentary record held by public_body_name - Not classified information - Not related to national security or defense - Information to which the public has legitimate right of access 8. APPELLANT'S RIGHT: The appellant is entitled to information under Section 11 of the Act. The denial has deprived the appellant of the right to information that is not legitimately exempt. 9. PRECEDENT: Previous decisions of the Information Commission have established that relevant_precedent. 10. RELIEF SOUGHT: The appellant respectfully submits that the denial is unjustified and requests that this Commission direct the respondent public body to provide the requested information forthwith.

WHEREFORE, the appellant respectfully prays that this Honourable Information Commissioner may be pleased to: (1) Admit this appeal filed under Section 17 of the Right of Access to Information Act 2017; (2) Set aside the denial letter dated denial_date issued by public_body_name; (3) Direct public_body_name to release the requested information within a prescribed timeframe; (4) Direct public_body_name to provide a detailed written statement explaining the exemption claim, if any, with specific reference to applicable legal provisions; (5) After hearing both parties, make a determination and order the release of the information sought; (6) Award compensation for the delay and denial of information, if the Commission deems fit; (7) Direct public_body_name to implement proper procedures for handling future information requests; and (8) Afford such further relief as may be deemed fit and proper.

That the impugned order suffers from material illegality, irregularity, and is contrary to the record. The findings of the learned forum below are perverse, contrary to evidence, and are not sustainable in fact or in law.

That the present appeal is filed within the prescribed period of limitation computed from the date of communication of the impugned order to the Appellant. The certified copy of the impugned order has been duly obtained and is annexed.

That the Appellant has not previously preferred any appeal, revision, or review against the same impugned order before any other forum, and is approaching this Honourable Court with clean hands.

That this Honourable Court has both territorial and pecuniary jurisdiction to entertain the present appeal under the relevant statutory framework. The appeal is properly constituted and otherwise maintainable.

6. That that, pending decision of the present appeal, the operation of the impugned order should be stayed to prevent irreparable injury to the Appellant, and the balance of convenience requires that the status quo be preserved.

PRAYER

In view of the foregoing, the Applicant most respectfully prays that this Honourable Authority may be pleased to:

(a) Allow the present appeal under Section 17 of the Right of Access to Information Act 2017;

(b) Direct the Public Information Officer to provide the requested information to the Appellant within such time as the Information Commissioner may specify;

(c) Where the refusal / inadequate response was made on a ground not recognised by the Act, declare such refusal void and direct compliance;

(d) Impose appropriate penalty on the Public Information Officer under Section 19 of the Act for unjustified refusal / delay, if warranted;

(e) Award costs of the appeal to the Appellant; and

(f) Pass any other order that the Honourable Information Commissioner may consider just, fit, and proper in the facts and circumstances of the case.

I, appellant_name, holder of CNIC No. appellant_cnic, solemnly affirm on oath that the facts stated in this appeal are true to the best of my knowledge and belief. I further declare that I have a genuine and legitimate interest in obtaining the requested information.

Deponent appellant_name appellant_cnic appellant_address Signature: _______________ Date: appeal_date Enclosures: - Copy of original request dated original_request_date - Copy of denial letter dated denial_date - Supporting documents