Pakistan information commission issues show cause notice to NCCIA director general

Nadeem Tanoli
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Nadeem Tanoli
The writer is a journalist based in Islamabad who has been covering parliamentary affairs for the past 15 years. He also reports on health, education, environmental,...
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Summary

  • Islamabad:  The Pakistan Information Commission has issued a show cause notice to National Cyber Crime Investigation Agency Director General Syed Ali Nasir Rizvi after the agency failed to submit a written reply or send a representative to proceedings concerning a citizen’s request for records of an old cybercrime inquiry.
  • The Commission has directed the NCCIA chief to explain why legal proceedings should not be initiated against him under Section 20(1)(f) of the Right of Access to Information Act, 2017, and why a fine should not be imposed over his failure to appear before the Commission.
  • She also sought a copy of her own statement submitted to the former FIA Cyber Crime Circle and asked the agency to explain why she had been summoned when, according to her request, her name did not appear in the complaint filed by Tayab Bin Tahir.
AI Generated Summary

Islamabad:  The Pakistan Information Commission has issued a show cause notice to National Cyber Crime Investigation Agency Director General Syed Ali Nasir Rizvi after the agency failed to submit a written reply or send a representative to proceedings concerning a citizen’s request for records of an old cybercrime inquiry.

The Commission has directed the NCCIA chief to explain why legal proceedings should not be initiated against him under Section 20(1)(f) of the Right of Access to Information Act, 2017, and why a fine should not be imposed over his failure to appear before the Commission. The notice does not mean that a fine has been imposed or that the Director General has been found guilty of any violation. He has been given an opportunity to explain his position.

According to the Commission’s order dated October 7, 2026, in Appeal No. 5995 08 of 2026, no representative of the NCCIA appeared at the hearing despite two notices issued to the Director General on September 9 and September 24. The Commission also recorded that it had received no written response from the agency.

The Commission said its Registrar’s Office had contacted the designated public officer, who reportedly said he was busy in a meeting and could not attend. The Commission rejected this explanation as unacceptable in the circumstances, particularly because the agency had also failed to submit a written reply.

The Commission observed that Section 17 of the Right of Access to Information Act requires appeals to be decided within 60 days. It said the agency’s failure to respond and appear was delaying the timely disposal of the appeal.

A show cause notice dated October 8, 2026, directed the NCCIA Director General to explain why proceedings under Section 20(1)(f) of the Act should not be initiated and a fine should not be imposed for nonappearance. The agency was also directed to submit its written reply or provide the requested information, if it did not contest the request, before the next hearing scheduled for November 5, 2026, at 11:30am.

The case concerns a request for official records relating to Inquiry No. RE 490 of 2023, which was originally maintained by the former FIA Cyber Crime Circle and is now associated with the NCCIA.

The request was filed on behalf of Applicant by lawyer Munir Ahmad, an advocate of the High Court. The applicant relied on Article 19A of the Constitution, which guarantees the right of access to information in matters of public importance, and the Right of Access to Information Act, 2017.

The applicant sought the complete inquiry report, including its annexures, and details of the authority that approved the opening of the inquiry. She also asked the agency to identify the laws, rules or regulations under which a person can lodge a complaint on behalf of someone else.

The request further sought clarification on whether a person who is not directly connected to a matter or personally affected by it can legally file a complaint with the NCCIA or the former FIA Cyber Crime Wing. The applicant asked the agency to provide the relevant legal provisions if such a process is allowed.

The applicant also requested all evidence collected by the inquiry officer, notices issued to complainant Tayab Bin Tahir requiring him to appear for recording his statement, and a copy of his statement recorded before the inquiry officer under Section 160 of the Code of Criminal Procedure.

She also sought a copy of her own statement submitted to the former FIA Cyber Crime Circle and asked the agency to explain why she had been summoned when, according to her request, her name did not appear in the complaint filed by Tayab Bin Tahir.

The request also covered technical evidence linked to the alleged messages. The applicant asked for the forensic report of the mobile phones allegedly used to send the messages and the ownership details of the SIM cards and phones said to have been involved.

The applicant requested that the information be provided within 10 days and warned that an appeal would be filed before the Pakistan Information Commission if the agency did not respond.

The matter has now reached the Commission, which is seeking an explanation from the agency’s head over its failure to appear and respond. The next hearing will provide an opportunity for the NCCIA to explain its position and address the outstanding information request.

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The writer is a journalist based in Islamabad who has been covering parliamentary affairs for the past 15 years. He also reports on health, education, environmental, and human rights issues. He can be reached at nadeemumer6@gmail.com.
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