Ex-SC judges ‘enjoying more perks, security than permitted’
Former CJP Iftikhar Chaudhry still possesses bulletproof car on state expense
Justice. PHOTO: AFP
ISLAMABAD :
Some of the retired judges of the Supreme Court, specifically former chief justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, have not been following the law.
The fact emerged from a judgment by Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on two petitions – one seeking a 6000cc bulletproof car for the former CJP while the other challenging his entitlement to a 2400cc Honda Accord Car along with an additional 6000cc bulletproof car with unlimited petrol and maintenance in addition to security officials and escort vehicles.
Moreover, it took more than four years for the IHC to finally learn that the 2005 model bulletproof Mercedes Benz is not in a running condition and not being used for travelling purposes yet it remained in Chaudhry’s possession without any potential threat to him.
In the judgment issued on March 9, Justice Kayani ruled that the retired judges can only get specified post-retirement benefits as mentioned in The Supreme Court Judges Leave, Pension and Privileges Order, 1997. However, the order revealed, this is not the case with former CJPs – Chaudhry, Abdul Hameed Dogar, Tassaduq Hussain Jillani, Anwar Zaheer Jamali, Nasirul Mulk, Nawaz Abbasi and Tariq Pervaiz as they all have been utilising security services they are not entitled to.
Perusal of the 1997 order revealed that there is no provision related to the entitlement of a bulletproof car for an ex-CJP. However, a retired judge can retain an official driver or orderly after leaving the office and, as per an amendment in 2016, round-the-clock posting of a security guard at residence during lifetime of a retired judge. The amendment also states that their widow(s) shall not be entitled to the facility.
Currently, nine constables, two sub-inspectors, two drivers, one head-constable and two pickups are deployed with Chaudhry, the ex-CJP. Justice Jamali has four security officials and one pickup, Justice Jillani has four policemen, while Justice Dogar, Justice Mulk, Justice Abbasi and Justice Pervaiz have three officials each.
A chart in the judgment showing details of security arrangements till Oct 12, 2017, showed that a total of 43 officials and three vehicles are available to 16 retired judges of the SC.
This led Justice Kayani to state, “Law which is applicable to the retired judges of the Supreme Court has not been followed in letter and spirit, whereas it is mandatory upon the organs of the State to comply with the law in a manner in which things have been provided.”
The judgment revealed that former prime minister Nawaz Sharif approved a summary in 2016 whereby a 2400cc vehicle shall be provided for lifetime to every outgoing chief justice with effect from CJP Chaudhry’s retirement, and his bulletproof car may be retrieved on provision of a new 2400cc vehicle.
The summary, however, was not approved when PM’s secretary Fawad Hassan Fawad conveyed it to the apex court. While referring to the SC judgment, Justice Kayani stated that the PM’s order had no legal effect and it was passed without any legal backing.
“The former Judges of the SCP are only entitled for their privileges provided under the supra presidential Order of 1997, therefore, anything contrary to the said order has no legal effect and same could not be announced by the Prime Minister of Pakistan nor is anyone entitled to receive such benefit under the law,” said Justice Kayani.
Furthermore, he also reminded that the Ministry of Interior is bound to annually review all cases of protected vehicles after requisitioning reports from law enforcement agencies and if satisfied, it can withdraw such facilities as otherwise it will cause loss to public exchequer. “In such circumstances the concerned officials of the Ministry of Interior are responsible to bear loss,” he stated.
Meanwhile, ex-CJP Chaudhry himself has not asked for security, but his newly established political party’s spokesperson Sheikh Ahsanuddin and two lawyers Toufeeq Asif and Syed Azmat Ali Bukhari in their personal capacity remained engaged in the legal battle demanding a bulletproof car for him at the government’s expense.
Their request has since been challenged by Riaz Hanif Rahi advocate on grounds that he can’t remain silent as a taxpayer, and Chaudhry, being the head of a political party, could not be allowed to launch a campaign at the cost of public exchequer.
“Petitions are not maintainable as petitioners have no locus standi … they are not aggrieved persons,” Justice Kayani stated, adding that the no personal and fundamental right had been infringed. About Rahi, the judgment reads he has not placed any record to establish that he is a regular taxpayer.
Subsequently, Justice Kayani dismissed all the petitions with directions to the federal government to exercise its authority and decide the issues in accordance with law.
Some of the retired judges of the Supreme Court, specifically former chief justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, have not been following the law.
The fact emerged from a judgment by Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on two petitions – one seeking a 6000cc bulletproof car for the former CJP while the other challenging his entitlement to a 2400cc Honda Accord Car along with an additional 6000cc bulletproof car with unlimited petrol and maintenance in addition to security officials and escort vehicles.
Moreover, it took more than four years for the IHC to finally learn that the 2005 model bulletproof Mercedes Benz is not in a running condition and not being used for travelling purposes yet it remained in Chaudhry’s possession without any potential threat to him.
In the judgment issued on March 9, Justice Kayani ruled that the retired judges can only get specified post-retirement benefits as mentioned in The Supreme Court Judges Leave, Pension and Privileges Order, 1997. However, the order revealed, this is not the case with former CJPs – Chaudhry, Abdul Hameed Dogar, Tassaduq Hussain Jillani, Anwar Zaheer Jamali, Nasirul Mulk, Nawaz Abbasi and Tariq Pervaiz as they all have been utilising security services they are not entitled to.
Perusal of the 1997 order revealed that there is no provision related to the entitlement of a bulletproof car for an ex-CJP. However, a retired judge can retain an official driver or orderly after leaving the office and, as per an amendment in 2016, round-the-clock posting of a security guard at residence during lifetime of a retired judge. The amendment also states that their widow(s) shall not be entitled to the facility.
Currently, nine constables, two sub-inspectors, two drivers, one head-constable and two pickups are deployed with Chaudhry, the ex-CJP. Justice Jamali has four security officials and one pickup, Justice Jillani has four policemen, while Justice Dogar, Justice Mulk, Justice Abbasi and Justice Pervaiz have three officials each.
A chart in the judgment showing details of security arrangements till Oct 12, 2017, showed that a total of 43 officials and three vehicles are available to 16 retired judges of the SC.
This led Justice Kayani to state, “Law which is applicable to the retired judges of the Supreme Court has not been followed in letter and spirit, whereas it is mandatory upon the organs of the State to comply with the law in a manner in which things have been provided.”
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The judgment revealed that former prime minister Nawaz Sharif approved a summary in 2016 whereby a 2400cc vehicle shall be provided for lifetime to every outgoing chief justice with effect from CJP Chaudhry’s retirement, and his bulletproof car may be retrieved on provision of a new 2400cc vehicle.
The summary, however, was not approved when PM’s secretary Fawad Hassan Fawad conveyed it to the apex court. While referring to the SC judgment, Justice Kayani stated that the PM’s order had no legal effect and it was passed without any legal backing.
“The former Judges of the SCP are only entitled for their privileges provided under the supra presidential Order of 1997, therefore, anything contrary to the said order has no legal effect and same could not be announced by the Prime Minister of Pakistan nor is anyone entitled to receive such benefit under the law,” said Justice Kayani.
Furthermore, he also reminded that the Ministry of Interior is bound to annually review all cases of protected vehicles after requisitioning reports from law enforcement agencies and if satisfied, it can withdraw such facilities as otherwise it will cause loss to public exchequer. “In such circumstances the concerned officials of the Ministry of Interior are responsible to bear loss,” he stated.
Meanwhile, ex-CJP Chaudhry himself has not asked for security, but his newly established political party’s spokesperson Sheikh Ahsanuddin and two lawyers Toufeeq Asif and Syed Azmat Ali Bukhari in their personal capacity remained engaged in the legal battle demanding a bulletproof car for him at the government’s expense.
Their request has since been challenged by Riaz Hanif Rahi advocate on grounds that he can’t remain silent as a taxpayer, and Chaudhry, being the head of a political party, could not be allowed to launch a campaign at the cost of public exchequer.
“Petitions are not maintainable as petitioners have no locus standi … they are not aggrieved persons,” Justice Kayani stated, adding that the no personal and fundamental right had been infringed. About Rahi, the judgment reads he has not placed any record to establish that he is a regular taxpayer.
Subsequently, Justice Kayani dismissed all the petitions with directions to the federal government to exercise its authority and decide the issues in accordance with law.