LHC orders 1990-2001 Toshakhana record public

The Lahore High Court (LHC) on Wednesday ordered the government to make public the record of Toshakhana gifts received by public office holders from foreign governments and dignitaries between 1990 and 2001 as well.

The order came days after the federal government had made the 466-page record of Toshakhana from 2002 to 2023 public by uploading it on the official website of the Cabinet Division, following a directive from the high court in another case.

Justice Asim Hafeez issued the order while hearing a petition filed by Munir Ahmad through Advocate Azhar Siddique, asking the government to make the details of Toshakhana gifts public.

During the hearing, the judge remarked that the gifts received by Pakistan from friendly states should also be made public and that “nothing” should be hidden.

Additional Attorney General (AAG) Mirza Nassar, representing the government, opposed the directive, however, the court maintained that all details should be divulged to the public.

The AAG informed the court of the government’s intention to file an appeal against the court order, to which Justice Hafeez assured Nassar of his right to appeal.

The judge continued that no individual could keep any gifts without making the requisite payment. Furthermore, Justice Hafeez urged “complete transparency”, reiterating that nothing should be hidden.

Later, the court disposed of the petition.

Petition

Advocate Siddique implored in the petition that the high court direct the cabinet to disclose all information and specifications in relation to all the gifts received by former prime minister Imran Khan during his tenure.

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Following this order, the petitioner sought information about all the gifts bought/withdrawn/taken away by the prime ministers and presidents of Pakistan from 1947 till date.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.

It is a settled law that Article 19 (A) of the Constitution empowered the citizens of Pakistan by making access to information a justifiable 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.