Bulletproof car case: High court issues notices to respondents

AAG says single bench overlooked facts while deciding a case for providing car to former CJP

ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notices to respondents in an intra-court appeal filed by the federal government reclaiming a bulletproof car provided to former Chief Justice of Pakistan Iftikhar Chaudhry.

IHC bench comprising Justice Noorul Haq N Qureshi and Justice Aamer Farooq issued notices to secretaries of interior and defence ministry as well as home department secretaries’ of all four provinces directing them to explain their position on the issue.

The court also issued a notice to Attock District Bar Association President Azmat Ali Bukhari as respondent in the case. Bukhari has not yet appeared before the court as the IHC is hearing the case almost on a daily basis.

The directives were issued in response to arguments of Additional Attorney General (AAG) Afnan Karim Kundi, who informed the court that the appellants – secretary cabinet division and secretary ministry of law – were not made a party in an earlier petition which led to the decision of providing bulletproof car to the ex-CJP.

He said that the cabinet division was the custodian of the official cars while the law ministry through the said order has been assigned to bear the fuel cost of the bulletproof vehicle provided to the retired CJP.

He said that only interior and defence secretaries and provincial secretaries were made respondents in the case.

To this, Justice Farooq inquired why no objection was raised earlier in the case as the ministry defence was also a part of the federation.

Kundi replied that rules of business for all the ministries working under federation were separate and the single bench overlooked the fact while deciding the case.

At this point, justice Qureshi noted that the additional secretary of ministry of defence had appeared before the single bench and submitted a list containing details of people who were being provided security. Kundi replied that the list was produced on court’s order, adding that the defence ministry was not authorised to provide bulletproof car and it could only provide security to the ex-CJP.

Kundi also argued that the petitioners in the case Ahsanuddin and Taufeeq Asif, who sought bulletproof car for the ex-CJP, had no locus standi in the matter. Justice Chaudhry might be an aggrieved party but he never raised any request to get the bulletproof car.

Advocate Ahsanuddin said that former registrar of the Supreme Court Dr Faqir Mohammad had beforehand written a letter to the interior ministry for provision of bulletproof car to the ex-CJP after his retirement.

Following the arguments, the court issued notices to the respondent and the case was adjourned till February 17.

Published in The Express Tribune, February 16^th, 2016.