At state’s expense: Bulletproof car for ex-CJP disallowed
IHC rejects plea seeking retention of vehicle for Iftikhar Chaudhry
PHOTO:FILE
ISLAMABAD:
Former chief justice of Pakistan Iftikhar Muhammad Chaudhry may not be able to continue enjoying a luxurious ride in a state-provided bulletproof car at the taxpayers’ expense anymore as the Islamabad High Court dismissed on Friday petitions seeking retention of the bulletproof car for him.
Justice Mohsin Akhtar Kayani of the IHC ruled that retired judges can only get specified post-retirement benefits as mentioned in the ‘The Supreme Court Judges Leave, Pension and Privileges Order, 1997’.
Perusal of the order revealed that there is no provision related to the entitlement of a bulletproof car for the former chief justice of Pakistan. However, a retired judge can retain official driver or orderly after leaving the office.
Though the judge-turned politician himself has not asked for security, his newly established political party’s spokesperson Sheikh Ahsanuddin and another lawyer Taufiq Asif – in their personal capacity – remained engaged in the legal battle demanding a bulletproof car for him at government expense.
The court, however, dismissed the petitions seeking retention of bulletproof car for the former CJP and another petition filed by Advocate Riaz Hanif Rahi against providing the car to the retired SC judge.
Ex-CJP not entitled to bulletproof car's fuel and repair: AGP
The order, which would determine the next move of the petitioners, has yet to be released.
In September last year, the auditor general of Pakistan declared that Chaudhry is not entitled to enjoy a bulletproof car’s fuel and repair at taxpayers’ expense while recommending the authorities to recover the amount.
While taking notice of the ‘unauthorised expenditure of POL/Repair of vehicle of the retired Chief Justice of Pakistan’, the AGP not only recommended “that amount should be recovered or got regularised” but asked the law ministry to clarify its position.
The auditors noted that the IHC in the writ petition No 4761 of 2013 decided on January 15, 2014, that the former CJP shall be provided foolproof security along with provision of the bulletproof car for his and his family’s use without putting embargo of any time specification.
IHC Justice Shaukat Aziz Siddiqui’s order added that the maintenance and expenses of the bulletproof shall be borne by the Ministry of Law & Justice.
In response to the decision, the report read, a bulletproof vehicle No GD-0341 was provided by the Cabinet Division and Ministry of Law & Justice incurred expenditure of Rs4,051,713 on its POL & repair since January 2014 till January 2016.
Audit observed that the expenditure incurred by the ministry during the period was neither recovered nor regularized after decision.
The AGP was of the view that retired judges of the superior courts are paid POL charges from the budget of the relevant court as per privileges decided by the president of Pakistan and they are not entitled to any such facility from any other offices.
In the Intra-Court Appeal (ICA) No 65 of 2014, a division bench of the IHC set aside the decision in its judgment dated May 11, 2016 and sent the case back to Justice Siddiqui with directions to decide afresh “after considering the legal and factual aspects.”
On December 2, 2016, Justice Siddiqui had directed to produce the bulletproof car as case property by December 8, 2016. The order was challenged and another round of hearing started and finally the matter was placed before Justice Kayani, who decided the case on Friday.
Former chief justice of Pakistan Iftikhar Muhammad Chaudhry may not be able to continue enjoying a luxurious ride in a state-provided bulletproof car at the taxpayers’ expense anymore as the Islamabad High Court dismissed on Friday petitions seeking retention of the bulletproof car for him.
Justice Mohsin Akhtar Kayani of the IHC ruled that retired judges can only get specified post-retirement benefits as mentioned in the ‘The Supreme Court Judges Leave, Pension and Privileges Order, 1997’.
Perusal of the order revealed that there is no provision related to the entitlement of a bulletproof car for the former chief justice of Pakistan. However, a retired judge can retain official driver or orderly after leaving the office.
Though the judge-turned politician himself has not asked for security, his newly established political party’s spokesperson Sheikh Ahsanuddin and another lawyer Taufiq Asif – in their personal capacity – remained engaged in the legal battle demanding a bulletproof car for him at government expense.
The court, however, dismissed the petitions seeking retention of bulletproof car for the former CJP and another petition filed by Advocate Riaz Hanif Rahi against providing the car to the retired SC judge.
Ex-CJP not entitled to bulletproof car's fuel and repair: AGP
The order, which would determine the next move of the petitioners, has yet to be released.
In September last year, the auditor general of Pakistan declared that Chaudhry is not entitled to enjoy a bulletproof car’s fuel and repair at taxpayers’ expense while recommending the authorities to recover the amount.
While taking notice of the ‘unauthorised expenditure of POL/Repair of vehicle of the retired Chief Justice of Pakistan’, the AGP not only recommended “that amount should be recovered or got regularised” but asked the law ministry to clarify its position.
The auditors noted that the IHC in the writ petition No 4761 of 2013 decided on January 15, 2014, that the former CJP shall be provided foolproof security along with provision of the bulletproof car for his and his family’s use without putting embargo of any time specification.
IHC Justice Shaukat Aziz Siddiqui’s order added that the maintenance and expenses of the bulletproof shall be borne by the Ministry of Law & Justice.
In response to the decision, the report read, a bulletproof vehicle No GD-0341 was provided by the Cabinet Division and Ministry of Law & Justice incurred expenditure of Rs4,051,713 on its POL & repair since January 2014 till January 2016.
Audit observed that the expenditure incurred by the ministry during the period was neither recovered nor regularized after decision.
The AGP was of the view that retired judges of the superior courts are paid POL charges from the budget of the relevant court as per privileges decided by the president of Pakistan and they are not entitled to any such facility from any other offices.
In the Intra-Court Appeal (ICA) No 65 of 2014, a division bench of the IHC set aside the decision in its judgment dated May 11, 2016 and sent the case back to Justice Siddiqui with directions to decide afresh “after considering the legal and factual aspects.”
On December 2, 2016, Justice Siddiqui had directed to produce the bulletproof car as case property by December 8, 2016. The order was challenged and another round of hearing started and finally the matter was placed before Justice Kayani, who decided the case on Friday.