LHC seeks details of foreign sources in Toshakhana case

The Lahore High Court (LHC) directed the cabinet secretary on Thursday to produce details of foreign sources who gave gifts as well as the Toshakhana (gift depository) record prior to 2002 by March 13.

The instructions were passed by the court as it resumed hearing a petition seeking details of dignitaries, bureaucracy and officials who had obtained gifts from Toshakhana since 1947.

The Additional Attorney General (AAG) informed the court that the cabinet declassified the record of Toshakhana from 2002 till today and it will be published on the website.

Justice Asim Hafeez questioned if the depository did not have records prior to 2002. To this, the lawyer representing the federation responded that the record before 2002 was not computerized.

However, the AAG informed the court that details regarding gifts since 2002 would be shared.

On the high court’s query, the additional attorney general told the court that the record of those who gave the gifts will not be shared. Justice Hafeez remarked that this record should also be produced before him in his chamber by the next date.

The federal lawyer also produced the cabinet’s decision before the court.

“Things are not changed overnight. It is good if the decision has been taken to declassify the record, it means things are progressing,” the judge remarked.

Petitioner’s counsel Advocate Azhar Siddique objected and argued that the federal government should have produced all records required in the petition.

Earlier proceedings

Earlier, Justice Hafeez refused to unseal the record submitted by the federal government by February 22 terming it “classified”. The federal government’s representative told the court that it is now the desecration of the court whether it wanted to unseal it.

Read LHC gives 'last opportunity' to Toshakhana head for submitting affidavit

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

Reluctance

It is worth mentioning that in previous proceedings, the federal government had shown reluctance in submitting Toshakhana details before the court claiming that the disclosure of such details may damage the interests of Pakistan and its international relations.

The court was updated by the cabinet division by submitting a report that a new policy on Toshakhana was being formulated adding this one will 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 ministers and presidents of Pakistan from 1947 till date.

Additionally, the petitioner also legitimately sought information with respect to the market value of the gift (prevalent at that time), the assessed value of the gift and the amount paid by the receivers (presidents and prime ministers) of the gifts from 1947 till date.

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.