Govt may withdraw Chaudhry Iftikhar’s free ride

IHC division bench sets aside single bench verdict; refers case back to single bench

ISLAMABAD: The Islamabad High Court on Wednesday set aside a single bench’s verdict ordering the government to provide a bulletproof car and security to former Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry.

While allowing the federal government’s intra-court appeal (ICA) for reclaiming the car from the former CJP, the court sent the case back to the single bench with directions to hear all parties.



A division bench comprising Justice Noorul Haq N Qureshi and Justice Aamer Farooq had reserved its verdict on March 7 after the parties had concluded their arguments in the appeal. After keeping the order reserved for just over two months, Justice Qureshi announced the verdict on Wednesday. The long-form verdict, however, has yet to be released.

In January 2014, Justice Shaukat Aziz Siddiqui had ordered that the former chief justice be provided with foolproof security along with possession of a bulletproof car for his and his family’s use without any time specification. The judge had also directed the law ministry to bear fuel and maintenance expenses for the car.

The Cabinet Division had issued a notification that said the vehicle was being provided to the former CJP for three months. In the appeal, the appellants — the cabinet and law secretaries — said they were not party to the original petition.



Additional Attorney General (AAG) Afnan Karim Kundi had argued that it was envisaged that the ex-CJP would arrange security for himself during the three-months, but the single bench held that a “time-specific clause was unfeasible, unrealistic and is discriminatory”.

The government appeal stated that there was no precedent for the provision of a bulletproof car to any former CJP, and if the practice was allowed, it will not only open the door for all retired judges of the superior judiciary to seek the same and could also be perceived as discriminatory under Article 25 of the Constitution.

Kundi had argued that it should not appear as if judges were favoured simply for being judges. He also argued that when the whole country was under threat, could everyone be granted the same security as the former CJP.

Apart from the bulletproof car, Kundi had maintained that a 2,400cc Mercedes has been availed by the ex-CJP, though he could only avail an 1,800cc car under post-retirement benefits.



Though the former CJP himself has not yet asked for security, his newly-established political party’s spokesperson Sheikh Ahsanuddin and another lawyer, Taufiq Asif — in their personal capacity — are engaged in the legal battle demanding a taxpayer-paid bulletproof car for him.

In arguments, Ahsanuddin had claimed that the former CJP was still facing life threats for giving rulings in several high-profile cases and if security is not provided, it would impact the independence of the judiciary.

Published in The Express Tribune, May 12^th, 2016.