Islamabad - The Islamabad High Court Thursday issued notices to respondents in former Principal Information Officer Rao Tehsin Ali Khan’s Intra-Court Appeal seeking court’s directions for the federal government to provide him a copy of the inquiry report in the matter of ‘Dawn Leaks’.
A division bench of IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurengzeb conducted hearing of the ICA moved by the former PIO and directed the respondents, including Secretary Information, Secretary Interior and Secretary to the Prime Minister to submit their reply within a fortnight.
The former PIO filed the ICA through his counsel Barrister Masroor Shah and cited Secretary Information, Secretary Interior and Secretary to the Prime Minister as respondents in this matter.
Earlier, a single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition moved by Rao Tehsin and rejected the same.
In his ICA, Rao Tehsin prayed to the court that this court may set aside the said judgment of a single bench of IHC and in consequence thereof direct the respondents to immediately provide copy of the Dawn Leaks inquiry report submitted by the inquiry committee to the government.
The IHC single bench had dismissed the petition on the ground that under Article 212 of the Constitution, there is a bar on a court of law for taking cognizance of a matter where any inquiry tribunal is already established. Further, a deputy attorney general (DAG) on behalf of the establishment division had informed that the federal government has not initiated till yet any inquiry against Tehsin and he is formally not charge sheeted yet.
In the petition, the former PIO has requested the court to direct the government to provide him the said copy so that he may come to know the exact nature of the charges levelled against him and he could avail legal remedies in this matter.
He stated in his petition that a very harsh action has been taken against him that resulted in public humiliation, and removal from the office of PIO given the fact that he neither attended the meeting at Prime Minister House nor outcome of the meeting was conveyed to him.
Rao said that he joined civil service’s information group in 1982 and lastly he held the grade 21 post of PIO. He added that it was October 6, 2016 a news report was published in daily Dawn under the heading “Act against militants or face international isolation, civilians tells military”.
He added that this report was regarding a high-level meeting held at PM House that was attended by the highest civilian and military officials and as the report dealt with a sensitive issue, so an inquiry was conducted to fix the responsibility that who leaked the information.
The petitioner mentioned in his petition that an inquiry committee headed by Justice (retd) Amir Raza called the petitioner and asked him about his role in this matter.
Before the committee, petitioner completely denied any role in this regard as he neither attended the meeting nor he was informed about the outcome. He said that in the light of report prepared by the committee, secretary to the Prime Minister on April 29, 2017 issued directions that “Rao Tehsin Ali Khan PIO of the ministry of information shall be proceeded against E&D rules 1973 on the charges based on findings in the instant report.” After this, establishment division issued a notification relieving the petitioner from his duties and he was asked to report establishment division.
The former PIO continued that on May 3, 2017 a notification was issued by the Information and Broadcasting division stating that the petitioner has been relieved of his duties as PIO while the petitioner does not know till today, findings of the inquiry committee or reason for the harsh action against him that resulted in a stigma and public humiliation for the petitioner and his family and also affected his service career.
He said that on April 28, 2017, the petitioner filed an application before the secretary interior requesting him to provide him with a copy of the report so that petitioner could avail lawful remedies.
However, he added that no action was taken on petitioner’s request. He further said that on May 2, 2017 and May 13, 2017, he also filed applications but without any response. Petitioner contended in the petition that obtaining report to know about the details of accusations, is his right under article 9 and 19-A of the Constitutions. Despite continuous efforts of the petitioner, the inquiry report has not been given to him.
Therefore, he prayed to the court to direct the respondents to provide him with a copy of the inquiry report or submit before the court.