Govt refuses to reveal Toshakhana gifts

The federal government submitted its statement before a single-judge bench of the Lahore High Court (LHC) on Thursday, expressing its reservations to the disclosure of Toshakhana gifts.

During the hearing of a petition for making the Toshakhana gift records public by a single bench, the government contended that revealing such details might damage the country’s interests and its international relations.

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The statement quoted Section 15 of the Freedom of Information Ordinance 2002, which provides that “information may be exempt if disclosures would likely cause grave and significant damage to the interests of Pakistan.

The Toshakhana, administrated by the Cabinet Division, is a government repository which stores, maintains and preserves the gifts received by public office holders.

It caught media attention after former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan was accused of hiding details of the gifts he received during his tenure in the government.

In its three-page response, the government said that the Prime Minister’s Office (PMO) declared on November 26, 2015 that the information pertaining to Toshakhana gifts was classified.

“Disclosure of such information can cause unnecessary media hype, which could be potentially damaging to the interests of Pakistan in the conduct of international relations,“ the statement added.

The government further argued that various requests by private citizens seeking Toshakhana information under the Right of Access to Information Act, had been “declined” by the Cabinet Division.

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Aggrieved by the decisions, the applicants filed appeals to the Pakistan Information Commission (PIC), on which directions were given to the Cabinet Division to provide information to the appellants,” it continued.

On May 24, 2022, the PIC passed adverse orders of docking of one-month salary of the cabinet secretary. The Cabinet Division challenged the PIC orders in the Islamabad High Court (IHC), it added.

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Moreover, the statement further said the PMO had constituted an inter-ministerial committee to formulate a new Toshakhana policy, which had proposed the Toshakhana Procedure, 2022.

A draft of the Toshakhana Bill had been submitted to the PMO for approval for placing it before the federal cabinet for a “wholesome discussion” in the cabinet for finalise a transparent and fair policy, the statement added.

The government prayed that the case be adjourned and ample time be allowed for the federal cabinet’s decision on the new policy and bill.

During the hearing, Justice Asim Hafeez asked how the country’s security and international relations would be affected if the details of the Toshakhana were made public. He sought an affidavit from Toshakhana’s head of department by February 7 to establish how the details of the gifts were classified.

“The court will not pass orders to make the details of these gifts public if the court is satisfied with the explanation of why gifts of Toshakahana are not disclosed,” Justice Asim Hafeez observed.