Chaudry Iftikhar’s Bulletproof Car May Possibly Be Reclaimed
Thursday, May 12th, 2016 8:26:37 by modousarr
A single bench’s verdict demanding the government to supply a bulletproof car and security to former Chief Justice of Pakistan (CJP) Iftikhar Mohammed Chaudhry was set aside on Wednesday by the Islamabad High Court.
Although permission has been granted to the federal government to lodge an intra-court appeal (ICA) for reclaiming the car from the former CJP, the court returned the case back to the single bench with orders for all parties to be heard.
The division bench comprising of Justice Noorul Haq N Qureshi and Justice Aamer Farooq reserved its verdict on March 7 following the arguments brought forward by the parties in the appeal. After the order remained reserved for two months, Justice Qureshi declared the verdict on Wednesday. The verdict is yet to be released.
Justice Shaukat Aziz Siddiqui, in January 2014, ordered that the former CJP be given a foolproof security, including a bulletproof car for his and his family’s us without any time limits. Fuel and maintenance expenses for the car were to be borne by the law ministry.
A notification, however, had been issued by the Cabinet Division stating that the vehicle was going to be used by the CJP for three months. During the appeal, the appellants- the cabinet and law secretaries, claimed that they were not party to the original petition.
Furthermore, Attorney General (AAG) Afnan Kari was of the opinion that during the three months, the ex-CJP was expected to arrange security for himself. The single bench, however, held that a “time-specific clause was unfeasible, unrealistic and is discriminatory”.
The government appeal outlined that no precedent was in existence for the provision of a bulletproof car to any former CJP, and that allowing the practice would not only open the floodgates for all retired judges of the superior judiciary to demand the same, but it will also be seen as discriminatory under Article 25 of the Constitution.
The Attorney General believed that it should not seem as if judges were being favored simply because of their positions. He further argued that if the nation was under threat, not everyone could be given the same security as the former CJP.
Aside from the bulletproof car, Kundi argued that a 2,400cc Mercedes has been used by the ex-CJP, although he could only be availed an 1,800cc car under post-retirement benefits.
Although the former CJP has not requested for security, his newly-formed political party spokesperson Sheikh Ahsanuddin and a lawyer, Taufiq Asif, are personally engaged in the legal battle demanding a taxpayer-paid bulletproof car for him.
Ahsanuddin, in giving arguments, relayed the point that the former CJP was facing life threats for making rulings in several high-profile cases and that the failure to provide security will affect the independence of the judiciary.
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