The Price of Silence

“Information is a basic human right, and the foundation for the formation of democratic institutions,” a principle associated with Nelson Mandela, highlights the importance of access to information in a democratic society. The right to information is often described as the “oxygen of democracy” because democracy cannot function properly without informed citizens. People can participate in public affairs, question government decisions, and hold public institutions accountable only when they have access to accurate and reliable information. Without knowledge of government actions and policies, citizens cannot form informed opinions, or fully exercise their right to freedom of expression. Therefore, access to information is not merely a legal right; it is an essential element of democratic governance, transparency, and public participation.

In 2023, the Supreme Court of Pakistan recognized citizens’ constitutional right to seek information of public importance under Article 19-A and directed its Registrar to provide information regarding the Court’s staff. The case arose when a citizen requested information about Supreme Court employees under the Right of Access to Information (RTI) Act, 2017. After the Registrar refused the request, the Pakistan Information Commission (PIC) ordered disclosure. The Registrar challenged this order before the Islamabad High Court (IHC), which held that the RTI Act, 2017 did not apply to the Supreme Court and that the PIC lacked jurisdiction over it. On appeal, the Supreme Court agreed that the RTI Act did not govern the Court, but clarified, that the Supreme Court remains subject to Article 19-A of the Constitution, which guarantees every citizen the right to access information of public importance. Since there was no lawful reason to withhold the requested information, the Court directed the Registrar to disclose it. The judgment sends clear message that public authorities bear the burden of justifying any refusal to provide information, thereby reinforcing transparency and accountability. At the same time, the Court recognized that the right to information is not absolute. Restrictions may be imposed, where disclosure would affect legitimate interests such as national security or public safety, but such limitations must remain narrowly tailored and should not be used to shield ordinary administrative information from public scrutiny. Accordingly, the Official Secrets Act should apply only to genuinely sensitive information, while routine governmental and administrative information should remain accessible under RTI laws.

The constitutional foundation of this right lies in Articles 19 and 19-A of the Constitution. Article 19 protects freedom of speech and expression, while Article 19-A, inserted through the Eighteenth Constitutional Amendment in 2010, guarantees citizens the right to access information in matters of public importance, subject to reasonable restrictions imposed by law. The inclusion of Article 19-A transformed access to information from a matter of governmental discretion into an enforceable fundamental right and reflected Pakistan’s commitment to democratic governance through transparency and public oversight.

Before Article 19-A was incorporated into the Constitution, Pakistan made its first formal attempt to regulate access to government information through the Freedom of Information Ordinance, 2002, introduced during General Pervez Musharraf’s government. At a time when many countries were adopting freedom of information laws to improve governance and reduce corruption, the Ordinance recognized, for the first time at the federal level that citizens could request information from public authorities. However, it contained broad exemptions, weak enforcement mechanisms, and allowed government departments considerable discretion in deciding what information could be disclosed. Consequently, citizens faced significant obstacles in obtaining information. Despite these shortcomings, the Ordinance laid the foundation for subsequent RTI reforms.

Following the constitutional recognition of the right to information, Pakistan adopted a more comprehensive legal framework at both the federal and provincial levels. The federal government replaced the Freedom of Information Ordinance, 2002 with the Right of Access to Information Act, 2017, which established clearer procedures for requesting information, imposed obligations on public bodies to respond, promoted proactive disclosure, and specified limited exemptions from disclosure. At the provincial level, Punjab enacted the Punjab Transparency and Right to Information Act, 2013, Khyber Pakhtunkhwa adopted the Khyber Pakhtunkhwa Right to Information Act, 2013, Sindh introduced the Sindh Transparency and Right to Information Act, 2016, and Balochistan enacted the Balochistan Right to Information Act, 2021. Together, these federal and provincial laws established a comprehensive legal framework, for citizens to access information across Pakistan.

Despite these legal developments, the practical implementation of RTI remains challenging. Many citizens remain unaware of their right to request information, while government departments often continue to operate within a traditional culture of secrecy. Delays in responding to requests, incomplete disclosures, poor record management, and weak enforcement of information commission decisions further undermine the effectiveness of RTI laws. Although information commissions have been established, limited institutional capacity and difficulties in securing compliance continue to restrict their effectiveness.

One of the principal legal challenges to RTI in Pakistan is the continued application of the Official Secrets Act, 1923. Unlike RTI laws, which are founded on the principle that information held by public authorities should generally be disclosed unless it falls within a specific legal exemption, the Official Secrets Act adopts a secrecy-based approach designed to protect information relating to national security, defence, intelligence, and diplomatic affairs. While these objectives are legitimate, the broad application of secrecy can undermine transparency when authorities classify information that does not genuinely implicate national security. Information concerning public expenditure, procurement, administrative decision-making, and the performance of public institutions is often of clear public interest. Treating such information as confidential without adequate justificationprevents citizens from scrutinizing government actions and weakens democratic accountability.

The future of RTI in Pakistan depends not only on stronger legal enforcement, but also on a shift in the institutional culture of public administration. Information should be regarded as a public resource rather than a governmental privilege. Independent and adequately resourced information commissions, improved record management, and clearer limitations on the use of secrecy laws are essential to ensuring the effective realization of the constitutional right to information. Ultimately, it is the nation that pays the price of silence. When public institutions keep information hidden without good reason, corruption and misuse of power are more likely to go unnoticed. This weakens public trust in government, reduces accountability, and limits citizens’ ability to participate meaningfully in democratic governance. Greater transparency, therefore, is not only about access to information, but also about building public confidence and ensuring better governance.

The writer, Muhammad Zaman Butt, is an advocate of the High Court. He can be reached at muhammadzamanbutt666@gmail.com.