In a landmark move to bolster transparency, the Pakistan Information Commission (PIC) has instructed the State Bank of Pakistan (SBP) to disclose a list of employees who hold dual nationalities or are married to foreign nationals. The directive, issued under the Right to Access to Information Act 2017, calls on SBP to release this information within a ten-day deadline, underscoring the government’s commitment to transparency in public institutions.
The case was initiated by a petitioner, Azmat Khan, who sought information on SBP employees holding dual nationalities or with foreign connections, citing concerns over transparency. Khan’s request extended beyond just dual nationality; he asked for details on employees affiliated with both local and international NGOs, community development groups, or non-profits. He also sought information on any steps the SBP might have taken regarding employees involved in consulting for international organizations or institutions. In response to Khan’s inquiry, the PIC ruled that this data qualifies as a “public record,” which, by law, should be accessible under the Right to Access to Information Act.
The decision was officially communicated by Chief Information Commissioner Shoaib Ahmad Siddiqui and Information Commissioner Ijaz Hassan Awan. In their ruling, they clarified that the SBP Governor is obligated to supply the requested data to fulfill the commission’s mandate for public transparency. However, the SBP initially argued that this information did not fall under the purview of the Right to Access to Information Act, suggesting that certain details might be exempt from disclosure.
The PIC countered this assertion, stating unequivocally that only the commission itself holds the authority to interpret the act’s coverage—meaning the SBP’s internal policies cannot override the commission’s jurisdiction. This clarification highlights the PIC’s role as the primary arbiter of information disclosure under the 2017 Act and signals a strict stance on enforcing transparency laws within Pakistan’s regulatory framework.
In response, the SBP filed a review appeal, contending that they were not given an adequate opportunity to present their side in the initial decision. They referenced a related case, Rana Abrar v. State Bank of Pakistan, where a similar ruling by the PIC to disclose dual-nationality information was challenged in the Islamabad High Court (IHC). In that case, the IHC had temporarily suspended the PIC’s disclosure order, leading SBP officials to argue that a similar approach should apply to Khan’s case.
However, the PIC dismissed this argument, noting that the IHC’s temporary suspension in the Rana Abrar case does not set a precedent for the current matter since the SBP has not yet filed for a stay order specifically pertaining to Khan’s petition. The PIC further added that the SBP had been duly notified of the hearing and that the decision was reached only after the SBP failed to attend, refuting claims of procedural unfairness.
Khawar Rana, Director of Legal Affairs at the SBP, stated that the institution had not yet received the official communication from the PIC on this directive. However, the bank has indicated its intention to appeal, emphasizing the need for an in-depth review of the ruling’s implications. The SBP’s legal team plans to carefully examine the PIC’s decision and determine the most appropriate course of action to protect any potentially sensitive employee information while complying with legal requirements.
This ruling marks a pivotal moment in Pakistan’s transparency efforts, particularly within the financial regulatory sector. It underscores the evolving expectations for public accountability, as government entities like the PIC push for more openness concerning potential conflicts of interest or affiliations that could impact public trust in major institutions like the SBP.
As the nation moves forward in implementing these transparency regulations, this decision may set a significant precedent, encouraging other public institutions to adopt a more transparent approach to information disclosure and enhancing public confidence in the oversight of financial regulators in Pakistan.