Toshakhana disclosure: how LHC judge made it happen

ISLAMABAD: Though the PDM government was not keen to disclose Toshakhana details due to fear of embarrassment, Lahore High Court Justice Asim Hafeez made it happen.

A well-informed official source in the government confided to The News that the entire credit for Toshakhana disclosures goes to Justice Asim Hafeez. It took five back-to-back rulings by Lahore High Court to cause the disclosure of the record as per the policy of the Toshakhana rules and regulations.

The Judge gave his first order on December 19, 2022. In the order available with The News, the judge insisted that the information regarding the official gifts received by the prime ministers/presidents since independence be made public with immediate effect.

It said, “Information...was not provided on the pretext of being classified information, and protection was claimed in the context of Right of Access to Information Act, 2017.”

Mentioning several requests to cabinet division by various persons for obtaining Toshakhana record, and considering the reasons the government was giving to withhold the record, the judge said the court can pierce through the plea of privileged documents upon interpreting referred sections of Act, 2017.

The order maintained that branding such information as classified needs to be examined and adjudged. Subject to assessment and instructions, once an option to acquire a gift is exercised, such gift assumes the status of an asset of the holder and is liable to be declared as such by the government/ public functionaries. Whether in such circumstances, a plea of the record is claimable in the context of details of gifts received by the PMs and presidents from 1947 onwards, stated the court.

The court ordered the government to collect the record, and submit a detailed report containing reasons for claiming privilege and immunity from non-disclosure of gifts and explain how it would harm public interest and prejudice international relations of the country in the context of the relevant law.

The next order was passed after a month period on January 19, 2023. The cabinet division failed to produce documents and answer what the court had asked them in the previous judgement. Therefore, two weeks were given to the government to prepare the information and defence as to why the record was being kept secret.

After two weeks on February 7, 2023, the government once again requested some time, stating that the ministerial committee was considering declassifying the entire record of Toshakhana. To this, the judge in his judgement stated, “Be that it may, the order of this Court has to be complied with and apparent failure would be construed as willful disobedience and deliberate obstruction in the progress of court proceedings.” Giving a final warning to the government, the judge said if court order is not followed, the proceedings would start under Article 204 of the Constitution. The next order was passed again after two weeks on February 21, 2023, in which the head of Toshakhana department was ordered to submit an affidavit before the court, and gave adjournment till February 23.

On February 23, the cabinet secretary appeared in the court and stated that the federal cabinet had decided and approved public disclosure of the record of Toshakhana from 2002 and onwards.

The government claimed that the record before 2002 was in bits and pieces and incomplete. When pushed by the Judge, the federal secretary said all the records of Toshakhana would be released in due course. The court adjourned the proceedings till March 13.

On March 13, Justice Asim Hafeez sought minutes of the federal cabinet meeting about Toshakhana gifts on March 21. The court ordered the government to present Toshakhana record prior to 2002 in any format available, adding that it would pass appropriate orders after reviewing the record.