ISLAMABAD: Senate Chairman Nayyar Hussain Bokhari on Tuesday said the privileges being enjoyed by former Chief Justice Iftikhar Mohammad Chaudhry were an apparent violation of the Constitution.

In response to a question by PPP Senator Saeed Ghani, Law Minister Pervez Rasheed informed the house that a 6000cc bullet proof government car is still being used by the former chief justice, on the orders of the Islamabad High Court (IHC). The government is also paying for the fuel and maintenance cost for this car.

Know more: Govt bearing fuel, maintenance cost of former CJ’s car

The disclosure was first made in the Senate in a written reply on Friday and the chair had deferred discussion on the question until Tuesday, as the law minister was not present.

Summons attorney general to provide an explanation on implementation of Article 19-A

On Tuesday, the law minister did not add any new information and repeated what had already been mentioned in the written reply. He said an intra-court appeal and an application for an early hearing against the judgment were pending in the IHC, but did not specify whether the government planned to challenge the judgment before the apex court or not.

The law minister confirmed during question hour that the Supreme Court registrar had not responded to a letter seeking information on chief justices who had retired since 1985. This irked the Senate chairman who pointed out that under Article 19A of the Constitution, every citizen has the right to access all information related to matters of public importance.

Chairman Bokhari summoned Attorney General Aslam Butt before the house on Wednesday to provide an explanation on the implementation of Article 19-A and whether the implementation of the IHC judgment on the perks being offered to the former chief justice, without amending the fifth schedule of Article 205, was in violation of the Constitution.

Article 205 lists the remuneration and other terms and conditions of service for a Supreme Court or high court judge. According to the fifth schedule of Article 205, upon retirement a judge is entitled to a pension equal to 70 per cent of his or her salary as determined by the president.

A chief justice, upon retirement, is entitled to purchase the 1800cc official vehicle in his use, at a depreciated value and is entitled to 300 litres of petrol per month.

The Senate chairman pointed out that the perks and privileges being enjoyed by former Chief Justice Iftikhar Mohammad Chaudhry were in violation of those defined by the fifth schedule and hence in violation of the Constitution.

As the written reply did not mention the letters written to the Supreme Court registrar, Senator Saeed Ghani asked the law minister if the omission meant that a response had been received from the Supreme Court.

The law minister responded that no written response has been received as yet and since the Supreme Court is an independent institution, it cannot be forced to respond. He said verbal information has already been presented before the house.

Members of the house expressed concern over the Supreme Court registrar’s silence on the matter and observed that a reply would not challenge the independence of the Supreme Court.

Senator Saeed Ghani pointed out that the registrar has also refused to attend the Public Accounts Committee meeting and asserted that the rights of parliament were being compromised.

Senator Zahid Khan asked if the Supreme Court had supremacy over the parliament. Senator M. Hamza also requested the chairman to pass a ruling regarding the right of the house to information. “If information is not provided, is it not contempt of the house,” he asked.

The chairman referred to Article 19-A and summoned the attorney general to give a reply to the house.

He also asked legal experts in the house including leader of the opposition in Senate Aitzaz Ahsan and senators Babar Awan and Rafiq Rajwana to ensure their presence when the house meets again on Wednesday.

Published in Dawn, March 4th, 2015

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