ISLAMABAD: Judge-turned politician Iftikhar Mohammad Chaudhry may not retain the government maintained bulletproof car as the Islamabad High Court (IHC) ruled that retired judges could get specified post-retirement benefits only.

Justice Mohsin Akhter Kayani dismissed petitions seeking retention of the bulletproof car by former chief justice of Pakistan (CJP) Iftikhar Chaudhry and another petition filed by Advocate Riaz Hanif Rahi against the provision of the car to him.

Dismissing the petitions, Justice Kayani declared that a retired judge could avail such benefits as provided in “The Supreme Court Judges Leave, Pension and Privileges Order 1997.”

IHC rules that retired judges can get specified post-retirement benefits only

There is no provision related to the entitlement of a bulletproof car to the ex-chief justice in the presidential order. However, a judge can retain an official driver or orderly after leaving the office.

Since the written order in this case has not been issued, Ahsanuddin Sheikh, senior advocate and spokesman for Justice Chaudhry, said he could comment after going through the court order.

He said a court order attained finality after the dismissal of the review petition by the Supreme Court.

Regarding handing over of the car to the government, Advocate Sheikh said the government had approved bulletproof cars for all retired judges, therefore, Justice Chaudhry may surrender the vehicle to the government after receipt of a new bulletproof car.

Last year, the then prime minister Nawaz Sharif approved the provision of bulletproof sports utility vehicles (SUVs) to all retired chief justices of the Supreme Court at public expense effective from the retirement of Justice Chaudhry.

But on Sept 5, 2016, the government seemed to change its mind and the prime minister decided to provide officially maintained 2,400cc SUVs to all outgoing chief justices.

In June 2016, the Cabinet Division had informed the IHC that “a bulletproof car, Mercedez Benz No GD-0341, was provided to former Chief Justice Iftikhar Mohammad Chaudhry with the approval of the prime minister for a period of three months from the date of his retirement i.e. December 11, 2013, as a special dispensation.”

According to the letter, “the single bench of the court in its judgment dated January 1, 2014, allowed the use of a bulletproof car to former chief justice without placing embargo of time, in addition, Ministry of Law and Justice was directed by the court to provide [fuel] and maintenance for the vehicle.”

It added: “The decision of the IHC was conveyed to the Prime Minister’s Office, which instructed the Cabinet Division to consider filing an appeal.”

A two-member IHC division bench had set aside the single-member bench’s order on the government’s appeal but remanded the case back to the single bench for a rehearing.

The single-member bench, consisting of Justice Shaukat Aziz Siddiqui, on December 2, 2016, ordered the former chief justice to surrender the vehicle. But his order was not complied with and the judge later recused himself from hearing the case and the matter was referred to Justice Mohsin Akhtar Kayani.

Advocate Sheikh argued that the ex-CJP had passed landmark judgments and took suo motu notices on various issues of human interest therefore he was facing life threats from different quarters.

Raja Khalid Mehmood Khan, deputy attorney general, representing the federal government said there was no precedence of giving officially maintained bulletproof car to a retired judge. He said the petition was filed by lawyers who were not the aggrieved party and had no locus standi (right of audience) in the case.

Published in Dawn, March 10th, 2018