Even as the government prepares to repossess former chief justice Iftikhar Muhammad Chaudhry’s bulletproof car, the law ministry disclosed that the former had acquired another luxurious official car at a depreciated rate.
According to a written reply submitted by the law ministry before the Senate last week, the federal government still bears expenditures of the 6000cc bulletproof Mercedes Benz.
The car was provided to Justice Chaudhry by the cabinet division with the approval of the prime minister for three months from the date of his retirement, ie, December 12, 2013 and its expenditures had to be paid by Justice Chaudhry from his personal coffers.
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“[But] the Law and Justice Division has borne expenditures of Rs4,020,598 –Rs645,569 on fuel and Rs3, 375,029 on repairs– under the judgment dated 15-01-2014 passed by Islamabad High Court (IHC),” said the ministry in its reply to a query by Pakistan Peoples Party (PPP) lawmaker Senator Farhatullah.
It revealed that the retired judge has also purchased an official car [2400cc Honda Accord No CIA-2] on a depreciated price of Rs549,817. Justice Chaudhry, who is also head of his newly established political party, purchased the car under the policy guidelines of the cabinet division.
The ministry said the federation has filed an Intra-Court Appeal (ICA) in the IHC for retrieval of the bulletproof car. The appeal stated that there is no precedent of provision of a bulletproof car to any former CJP.
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“If the practice is allowed then it will not only open the door for all retired judges of the superior judiciary to seek the same but will also be discriminatory under Article 25 of the Constitution. In addition, there is no specific threat to the former CJP,” the appeal said.
A division bench of IHC – comprising Justice Noorul Haq N Qureshi and Justice Aamer Farooq – is hearing the former CJP’s bulletproof car case. The former CJP’s lawyers claim that it is not yet clear who actually gave the authority to file the ICA as it was filed by cabinet secretary while affidavit attached with it was filed by interior secretary.
They said the single bench had decided the case after hearing the interior ministry. Besides, no one stopped the cabinet and law secretaries to present arguments before the single bench during the proceedings, the said.
In the ICA, the cabinet and law secretaries contended that they were not a party to the petition which led to the provision of a bulletproof car to the ex-chief judge.
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Chaudhry’s counsel Shaikh Ahsanuddin asked as to how the government could file an ICA to reclaim the car when the security was provided to the ex-CJP by the prime minister on the recommendation of interior and defence ministries.
“The former CJP is still under threat for his May 12, 2007 [ruling], and decision in the famous Karachi law and order case,” Ahsanuddin said, adding that apart from them, Justice Chaudhry also heard critical missing persons and land mafia cases.
Published in The Express Tribune, March 7th, 2016.
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