Govt submits Toshakhana gifts' details to LHC

Court seeks department head’s affidavit on Feb 23 to unseal ‘classified’ documents

LAHORE:

After much manoeuvring, the federal government on Tuesday finally submitted the details of Toshakhana gifts to the Lahore High Court, terming them “classified” and telling the court that it was at its discretion to unseal the documents.

Justice Asim Hafeez heard the petition filed by lawyer Munir Ahmed through Advocate Azhar Siddique seeking the government to make public the complete details of Toshakhana gifts received by political rulers and bureaucrats from foreign dignitaries since 1947.

During the proceedings, the section officer of the department concerned submitted the Toshakhana gifts record before the court.

Justice Asim Hafeez remarked, “The court will not open this sealed record until the affidavit of the department’s head is submitted.”

The court directed the department’s head to submit the affidavit by the next date – Feb 23.

In the previous proceedings, the federal government had shown reluctance to submit the Toshakhana details before the court, saying that disclosure of such details might cause damage to the interests of Pakistan’s international relations.

The court had also been updated through a report submitted by the Cabinet Division that a new policy on Toshakhana was being formulated which would be more fair and transparent.

Petition

Advocate Siddique implored in the petition that the Islamabad High Court on April 20, 2022, directed the cabinet to disclose all information and specifications in relation to all the gifts received by former prime minister Imran Khan during his tenure.

Following this order, the petitioner sought information about all the gifts bought/withdrawn/taken away by the prime mMinisters and presidents of Pakistan from 1947 till date. Additionally, the petitioner also legitimately sought information with respect to market value of the gift (prevalent at that time), assessed value of the gift and amount paid by the receivers (presidents and prime ministers) of the gifts from 1947 till date.

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The petitioner believed that this exercise would ensure that the citizens had complete access to the entire record of Toshakhana which would aid in the process of fairness, accountability and transparency.

It is a settled law that Article 19 (A) of the Constitution empowered the citizens of Pakistan by making access to information a justiciable right of the people rather than being largesse bestowed by the state at its whim.

Article 19(A) of the Constitution, thus, enabled every citizen to become independent power centres which, heretofore, had been in control of information on matters of public importance.

All information that could be of any public importance must be made available to the general public.

“It is imperative for the sake of justice and principle of fairness that information and detail of all the gifts that have been received by former presidents and prime ministers is unveiled as this is a matter of great public importance.

“The citizens of this country possess an inherent fundamental right to be privy to the entire record of Toshakhana as this will prevent anyone from misusing the privileges granted by Toshakhana, and safeguard the natural interests of the state by ensuring accountability in case of any mischief.”

He implored that details of Toshakhana gifts received under the premiership of Imran Khan had so far been disclosed by the Cabinet Division but to the extent former prime ministers Nawaz Sharif, Yousaf Raza Gillani and Asif Ali Zardari (ex-president of Pakistan) had never ever been disclosed by the Cabinet Division which “is purely an act of mala fide”.

Advocate Siddique implored that a letter has been issued to the president, prime minister, Cabinet Division secretary, Ministry of Parliamentary Affairs, Interior Division and the PIC chairman for provision of information as well as compliance of the judgment of the court but all went in vain.