Attorney General of Pakistan Salman Aslam Butt on Friday informed the Senate that a bulletproof vehicle, and other fringe benefits, was being provided to former Chief Justice Iftikhar Chaudhry by the government in compliance with a verdict given by the Islamabad High Court (IHC).
Speaking in the Senate after being summoned by the Chairman Senate, Nayyer Hussain Bokhari explained the issue to convey the legal position of the fringe benefits being provided to Iftikhar Muhammad Chaudhry beyond his entitlement.
He said that the government had no option but to comply with the verdict of the High Court or Supreme Court. Foolproof security, etc., is being provided to the former Chief Justice of Pakistan.
He said Iftikhar Muhammad Chaudhry was using a bullet proof Mercedes Benz. The Cabinet Division and Law and Justice division was bearing the expenditure of petrol and maintenance under IHC judgment of January 15, 2014.
Regarding the refusal of Registrar Supreme Court to provide the required information to the Parliament, he said not only the judicial but also the executive functions of the Supreme Court could not be questioned.
“It’s a settle issue and Supreme Court is not bound to provide the information to the Parliament”.
He said an intra-court appeal (ICA) had been filed in IHC. The early hearing Intra Court Appeal (ICA) was fixed in November 2014, but the case could not be heard due to paucity of time.
The Minister for Law informed the House in reply to a question by Saeed Ghani that since January 30, 2014 as much as 4,689 liters of petrol had been issued for the car in question, while a repairs, estimated at Rs. 3,375,029, had been presented to the law division for which funds through a special grant were required from the finance division.
Leader of the Opposition Chaudhry Aitzaz Ahsan said former Chief Justice Iftikhar Muhammad Chaudhry should be summoned to explain what law was used to allot benefits beyond his entitlement.
He said Senate or House privilege committee should summon the former chief justice Iftikhar Muhammad Chaudhry to inquire about the (undue) privileges he was availing beyond what he was entitled to.
The committee should subsequently furnish its report to the House.
Regarding the issue of Registrar Supreme Court’s refusal to provide the required information to the Senate. Aitzaz then said that the issue was still sub-judice in Supreme Court and debate on it must be avoided, however, the conduct of a retired Judge could be discussed in the House.
Aitzaz said a sum of Rs. 3.6 million was received by Iftikhar Muhammad Chaudhry because of petrol, repair, and maintenance expenses, which should be recovered from him. Aitzaz Ahsan said Iftikhar Muhammad Chaudhry was constructing a nine bed palatial house in Lahore.
Mohsin Leghari said the House should amend the relevant rules and remove the deficiencies in the existing laws. Senator Farhatullah Baber sought the permission of the chair to move a resolution to prevent the former CJP from availing benefits he was not entitled to.
However, the chair refused to allow and asked him to follow the rules and move a resolution in this regard. Haji Adeel asked the chair to issue ruling and summon Iftikhar Muhammad Chaudhry to explain his position.
During the course of questioning and replies, Chairman Senate Syed Nayyer Hussain Bokhari and couple of Senators expressed concerns on not-receipt of pertinent information sought from the Supreme Court about perks and privileges being allotted to the retired chief justices.
The chair said that providing special privileges and fringe benefits to only one former chief justice was a clear case of bias. The members questioned as to why a state institution was reluctant to provide information to the Parliament regarding the questions asked by its members.
They also mentioned article 90 A, the 5th schedule of the Constitution, and article 205, and argued that seeking information was their constitutional right. “We have not asked anything secret. The constitution allows us to know this information. Is the Registrar Supreme Court not bound to provide relevant information to the House?” asked Senator Saeed Ghani. The Registrar Supreme Court has not replied to any one of the six letters written to him for a reply to the question.
Earlier, replying to the question about perks and privileges of retired chief justices, the Minister for Law and Justice informed the House that a chief justice of Supreme Court on his retirement is entitled to the minimum amount of the pension equal to 70 per cent of the salary determined by the President from time to time, plus five per cent for each completed year of service either as the chief justice or as the judge not exceeding the minimum amount of pension equal to 85 per cent of the said salary.
He further stated that a retired chief justice of Supreme Court was also entitled to a driver and an orderly; 3,000 free local calls per month; 2,000 units of electricity; 25 hm gas per month and free supply of water.
In terms of vehicles, he said, they are also entitled to 300 liter of petrol per month; purchase of official vehicle of 1800 cc at depreciated value while no income tax shall be payable in respect of benefits and perquisites to which a judge or a widow as the case may be, is entitled.