MQM-P plea for release of Gul Plaza fire report dismissed

KARACHI: The Sindh Information Commission (SIC) on Wednesday rejected an application by Muttahida Qaumi Movement-Pakistan (MQM-P) seeking directions for the provincial government to disclose the judicial commission report on the Gul Plaza fire, ruling that the matter remains under investigation.

The case was heard by information commissioners Muhammad Saleem Khan and Noor Muhammad Dayo, who dismissed the plea after hearing the respondents and MQM-P counsel M Tariq Mansoor. In its order, the commission said the matter fell within exceptions under Section 10(1)(F) and (G) of the Sindh Transparency and Right to Information Act, 2016.

The order stated that the ongoing process should be allowed to continue without disruption because the case concerns the lives, liberties and property of citizens. It added that once the investigation is completed, the investigation officer will submit a challan, and the relevant documents and reports will become part of the public record after cognisance is taken by the judicial magistrate.

“Therefore, without going through the merits and demerits of the case, we find it appropriate that, let the process of ongoing further investigation of the subject incident be completed without any interruption from any corner. As the matter involves the precious lives, liberties and properties of the citizens, therefore, once the investigation is completed, the investigation officer would file his challan by making all essential information and documents(s) or report(s) part of the investigation, which on taking cognizance by the learned judicial magistrate shall be made as public record,” the order said.

Commission cites ongoing probe

Explaining its decision, the SIC said the investigation was still in progress and that releasing the requested material at this stage could affect the inquiry process and its implementation. The commission said disclosure could also expose the identity of a confidential source, obstruct the investigation, or prejudice the prevention or detection of crime and the apprehension or prosecution of offenders.

During the hearing, DSP Aamir Virk, identified as the newly appointed investigation officer in the Gul Plaza fire case, told the commission that the case was still under investigation and that facts and documents from the relevant departments were yet to be obtained.

However, the SIC recorded in its order that when both the current and previous investigation officers were asked whether they had reviewed the Gul Plaza inquiry commission report and the commissioner’s report on the incident, they replied that they had not received those reports. The commission further noted that three of the four respondents said the record was not in their possession and that it was held by the office of the Sindh chief secretary.

According to the order, the chief secretary’s office informed the commission through a letter that the information could not be shared at this stage because the matter was under an implementation process, and it invoked the exception available under the information law.

MQM-P arguments before the commission

MQM-P had moved the commission in May through Advocate Mansoor under the Sindh Transparency and Right to Information Act, 2016, and Article 19-A of the Constitution. The complaint was filed against the non-release of the inquiry report, with the chief secretary, the law secretary and others named as respondents.

The party argued that the report related directly to the right to life and involved a matter of significant public importance. Mansoor told the commission that the inquiry commission had been formed to determine responsibility and ensure punishment for those involved in the incident, whether directly or indirectly.

“A prima facie gross criminal negligence, mismanagement and corruption in the govt. departments and allied machineries has occurred due to which innocent citizens have lost their precious lives and hundreds are affected,” the counsel maintained.

He also argued that the commission’s report should be released after completion of the inquiry in the interest of transparency and accountability and to help prevent similar incidents in the future.