Court grants time to ex-CJP’s lawyers
Court also hears PTI’s petition on mayoral elections
Court also hears PTI’s petition on mayoral elections. PHOTO: PID/FILE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday granted time to the lawyers of former chief justice to seek remedy for the dismissal of their application.
The decision came in the wake of the rejection on Tuesday by the division bench of an application to transfer to the Supreme Court the case over the issuance of a bulletproof car to former chief justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry.
Bulletproof retirement: High court rejects plea to transfer case to SC
The division bench, comprising of Justice Noorul Haq N Qurshi and Justice Aamer Farooq, had also found no scope to transfer the matter to the chief justice for the constitution of a full bench.
In January 2014, a single bench comprising of Justice Shaukat Aziz Siddiqui had ordered that the former CJP be provided with foolproof security and a bulletproof car for an unspecified amount of time.
The Cabinet Division had issued a notification that the vehicle was being provided to the former CJP for three months. Justice Siddiqui held that the ‘time-specific clause was unfeasible, unrealistic and discriminatory’.
Earlier the government had filed an intra-court appeal to retrieve the car from the ex-CJP. In the appeal, the appellants —the cabinet and law secretaries — claimed that they had not been parties in the case which had led to the decision to provide a bulletproof car to Chaudhry.
The appeal further stated that there was no precedent of providing bulletproof cars to former CJPs; and such practices were discriminatory under Article 25 of the Constitution. It stated that the appellants were ready to provide whatever provisions were allowed under the existing rules.
Ex-CJP's bullet proof car: Law ministry asks AGP to approach SC
In another application, Chaudhry said he was willing to return the car if the government assured him that there was no risk to his life.
The case has been adjourned till Monday.
Mayoral election case
Meanwhile, the IHC also issued a notice to key government officials and the Election Commission of Pakistan (ECP) in response to a petition filed by Pakistan Tehreek-e-Insaf (PTI), seeking to hold the elections of mayor and three deputy mayor separately instead of as ‘joint candidates.’
The petition requested the court to strike down the provision of joint candidates as mentioned in the Islamabad Local Government Act 2015, which was amended through an ordinance a few months ago.
A division bench comprising of Justice Noorul Haq N Qureshi and Justice Athar Minallah, after listening to the petition, sought a reply from the secretaries of Ministry of Law, Justice and Human Rights, Cabinet Division, Ministry of Parliamentary Affairs, Ministry of Interior and Narcotics control and the Chief Election Commission .
Farrukh Dall, counsel of elected chairman of a Union Council Ali Nawaz Awan, challenged the act saying that the provision of joint candidates was inconsistent with the act itself and against the norms of democracy.
‘Superior’perks: Bullet-proof car for ex-CJP irks senators
He said that the amendment was introduced to allow voters to only choose the mayor while the deputy mayors would get automatically elected as joint candidates. He said that this would get all four candidates of any one party elected, which could result in the misuse of power.
After hearing the arguments, the court issued notices to the respondents with direction to submit their replies.
Published in The Express Tribune, February 11th, 2016.
The Islamabad High Court (IHC) on Wednesday granted time to the lawyers of former chief justice to seek remedy for the dismissal of their application.
The decision came in the wake of the rejection on Tuesday by the division bench of an application to transfer to the Supreme Court the case over the issuance of a bulletproof car to former chief justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry.
Bulletproof retirement: High court rejects plea to transfer case to SC
The division bench, comprising of Justice Noorul Haq N Qurshi and Justice Aamer Farooq, had also found no scope to transfer the matter to the chief justice for the constitution of a full bench.
In January 2014, a single bench comprising of Justice Shaukat Aziz Siddiqui had ordered that the former CJP be provided with foolproof security and a bulletproof car for an unspecified amount of time.
The Cabinet Division had issued a notification that the vehicle was being provided to the former CJP for three months. Justice Siddiqui held that the ‘time-specific clause was unfeasible, unrealistic and discriminatory’.
Earlier the government had filed an intra-court appeal to retrieve the car from the ex-CJP. In the appeal, the appellants —the cabinet and law secretaries — claimed that they had not been parties in the case which had led to the decision to provide a bulletproof car to Chaudhry.
The appeal further stated that there was no precedent of providing bulletproof cars to former CJPs; and such practices were discriminatory under Article 25 of the Constitution. It stated that the appellants were ready to provide whatever provisions were allowed under the existing rules.
Ex-CJP's bullet proof car: Law ministry asks AGP to approach SC
In another application, Chaudhry said he was willing to return the car if the government assured him that there was no risk to his life.
The case has been adjourned till Monday.
Mayoral election case
Meanwhile, the IHC also issued a notice to key government officials and the Election Commission of Pakistan (ECP) in response to a petition filed by Pakistan Tehreek-e-Insaf (PTI), seeking to hold the elections of mayor and three deputy mayor separately instead of as ‘joint candidates.’
The petition requested the court to strike down the provision of joint candidates as mentioned in the Islamabad Local Government Act 2015, which was amended through an ordinance a few months ago.
A division bench comprising of Justice Noorul Haq N Qureshi and Justice Athar Minallah, after listening to the petition, sought a reply from the secretaries of Ministry of Law, Justice and Human Rights, Cabinet Division, Ministry of Parliamentary Affairs, Ministry of Interior and Narcotics control and the Chief Election Commission .
Farrukh Dall, counsel of elected chairman of a Union Council Ali Nawaz Awan, challenged the act saying that the provision of joint candidates was inconsistent with the act itself and against the norms of democracy.
‘Superior’perks: Bullet-proof car for ex-CJP irks senators
He said that the amendment was introduced to allow voters to only choose the mayor while the deputy mayors would get automatically elected as joint candidates. He said that this would get all four candidates of any one party elected, which could result in the misuse of power.
After hearing the arguments, the court issued notices to the respondents with direction to submit their replies.
Published in The Express Tribune, February 11th, 2016.