PESHAWAR: A Supreme Court bench, headed by Chief Justice Mian Saqib Nisar, on Wednesday decided to withdraw a court-assigned vehicle from recently retired Supreme Court Justice Dost Mohammad Khan, as he had assumed the political post of caretaker chief minister of Khyber Pakhtunkhwa.

The bench, which also included Justice Mushir Alam, made the observation while hearing a suo motu notice at the Peshawar registry of the Supreme Court regarding use of official luxury vehicles by unauthorised government functionaries and elected persons. Retired Justice Khan took the oath as caretaker chief minister on Wednesday morning.

The days leading to his retirement in March this year, were marked by controversy and complaints after he declined an invitation to a reference set to be held to honour him. The controversy resurfaced on Wednesday when KP Chief Secretary Mohammad Azam Khan submitted an affidavit stating that they had retrieved vehicles from all unauthorised persons. He added that the last time bulletproof vehicles had been purchased by the government in 2013.

Observes that Justice Dost Mohammad Khan has two official cars available now that he is caretaker CM

He stated that a chief minister was assigned two bulletproof vehicles, which had been placed at the disposal of the caretaker chief minister.

The chief justice observed that two official vehicles had been assigned to retired Justice Khan, they could withdraw the vehicle allotted to him by the Supreme Court. “He retired over a month ago but has been retaining the official vehicle and now that he has been appointed to a political post, we will withdraw that car,” he observed.

The chief justice observed: “Now I understand why he had declined a reference in his honour at the Supreme Court.”

Addressing senior counsel in the courtroom, including former president of Supreme Court Bar Association Qazi Muhammad Anwar, the chief justice said they had not believed him when he had told them that there had to be a reason why he [retired Justice Khan] had declined the reference.

The bench added that the retrieved vehicles must not be left out in the open or they could get damaged.

During one of his visits to Peshawar in April, the chief justice had told lawyers about the controversy surrounding the reference for retired Justice Khan. He had stated that he and other judges had requested him several times but he had declined the reference.

Published in Dawn, June 7th, 2018