LHC displeased at Centre’s failure to present Toshakhana record

Published April 18, 2023
The combination photo shows Justice Shahid Bilal Hassan and Justice Muhammad Raza Qureshi. — LHC website
The combination photo shows Justice Shahid Bilal Hassan and Justice Muhammad Raza Qureshi. — LHC website

LAHORE: A Lahore High Court two-judge bench on Monday expressed its displeasure over the federal government for showing its inability to submit the complete record of Toshakhana articles from 1947 to 2001.

The bench comprising Justice Shahid Bilal Hassan and Justice Muhammad Raza Qureshi was hearing an intra-court appeal (ICA) of the government, challenging a decision by a single bench that asked it to release the source of gifts from 1990 to 2023.

A deputy attorney general stated before the bench that the government did not have the complete record of Toshakhana from 1947 to 1990.

The bench observed that it was very unfortunate and questionable that the government had no record of the state assets.

Warns of calling retired officials as well

The bench reminded the law officer that it was a matter of the whole nation and the government had no other option but to find out and present the record as ordered by the single bench.

The judges warned the government of summoning all the responsible officers, including those who stood retired, to explain the unavailability of Toshakhana record.

The bench also took a jibe at the parliament saying bills were passed overnight but no legislation had been done in the public interest.

“What are we going to leave for our posterity?” Justice Hassan posed a query.

The bench directed the law officer to ensure submission of the record without any fail and adjourned the hearing till the last week of May.

On March 22, Justice Asim Hafeez had ordered the federal government to release complete record of the Toshakhana articles from 1990 to 2001, along with details of the foreign dignitaries and countries which gave the gifts.

The judge had observed that nothing about Toshakhana gifts can be hidden from the nation.

The government’s appeal said the single bench was seized with a writ petition seeking an order to declassify all information with regard to Toshakhana gifts received by Pakistani dignitaries and government officials from foreign states.

However, it said, the federal cabinet decided, during the petition`s pendency, to declassify the Toshakhana record from 2002 to 2023, but without disclosing the source of gifts.

The appeal said it was decided to keep the source secret because the federal government believed it would have an adverse effect on the country`s relations with other nations.

It asked the division bench to set aside the impugned decision of the single bench.

Published in Dawn, April 18th, 2023

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