ISLAMABAD: As the federal government on Tuesday started arguments on an appeal filed to take back a bulletproof Mercedes car from former Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry, a judge in the two-member bench recused himself from the case.

Justice Athar Minallah maintained that since he had been a spokesman for Justice Chaudhry during the movement for the restoration of judiciary in 2007, he could not hear the appeal filed by the federal government.

The other member of the bench, Justice Noorul Haq N. Qureshi, referred the matter to the IHC chief justice for constituting a special bench for its hearing.

Justice Athar Minallah says he was ex-CJP’s spokesman in 2007 and cannot hear govt’s appeal

The appeal was filed against a single-bench direction to provide the bulletproof car to the former CJP.

Mr Chaudhry initially planned to retain his official bulletproof car after his retirement under the monetisation policy.

But after retirement, he surrendered the car, which was then provided to his successor Justice Tassaduq Hussain Jillani.

The Cabinet Division on December 18 provided a 1991 Mercedes Benz to Justice Chaudhry. But this vehicle was returned the same day, as according to a letter sent to the Cabinet Division by the SC registrar office, “The condition of the vehicle is dilapidated and does not meet the requirements of travelling.”

The retired chief justice was finally provided the bulletproof car on the direction of the Islamabad High Court (IHC) in January this year.

While providing the car, the Cabinet Division also issued a notification which stated that the car was being given to the former CJP for three months.

However, in his order, Justice Shaukat Aziz Siddiqui of the IHC held that the ‘time-specific clause is unfeasible, unrealistic and is discriminatory’.

The judge also directed the law ministry to bear the expense on the maintenance of the car.

Challenging the order, the federal government in its appeal contended that the Cabinet Division under the special permission of the prime minister had issued the bulletproof car to the former CJP for a period of three months, which expired in April.

The appeal said the ownership of the car was with the Cabinet Division but the single bench neither sought comments from it nor heard the stance of the law ministry before putting the burden of the maintenance on it.

It pointed out that under sub-section 2 of Section 24 of the “Rules for the Use of Staff Cars 1980”, it was the responsibility of the ministry/division/department concerned to arrange repair, maintenance and fuel for the cars allotted to their officers.

It said in this particular matter, the Supreme Court administration was responsible for the maintenance and bearing the petrol expense of the bulletproof car given to the ex-CJP.

Published in Dawn, November 12th, 2014