ISLAMABAD: The Islamabad High Court on Tuesday disposed of a petition challenging the provision of official security protocol to former chief justice of Pakistan (CJP) Gulzar Ahmed.

IHC Chief Justice Athar Minallah took up the petition. The petition contended that despite the fact that pendency of cases increased to 10,000 during the tenure of the ex-CJP and Pakistan had been downgraded in the rule of law index and placed at 130 out of 136 countries, the government had provided him heavy security on taxpayers’ money.

The Jurists Foundation, the petitioner, had assailed a letter of request, dated January 27, executed on behalf of the Supreme Court registrar and addressed to the interior secretary. The impugned letter of request related provision of security to Justice Gulzar Ahmed after his retirement.

The IHC in its order noted that nothing had been placed on record to show that the impugned letter of request had been acted upon nor that the proceedings had been initiated or any act done pursuant thereto.

Court disposes of petition challenging official security protocol for ex-CJP

The court observed that the letter of request unless acted upon by the competent authority did not prejudice the rights of the petitioner nor the citizens of Pakistan.

However, Justice Minallah observed: “There is no cavil to the proposition that the perks, privileges and entitlements of the chief justices and judges of the Supreme Court and high courts are governed under the respective presidential orders issued from time to time.”

He also referred to the decision of an IHC bench that had directed the executive authority to strictly follow the prescribed privileges and entitlements.

“The judges exist solely to serve the people. Their exalted positions expose them to a more rigorous and stringent scrutiny than other public office holders,” the court order noted, adding that assessing security threat to a citizen falls within the exclusive domain of the executive authorities.

“Every public office holder after retirement has to be dealt with as an equal citizen having regard to his or her entitlements prescribed under the law. Every decision taken by the executive authorities ought to be tested on the touchstone of public interest and the welfare and well-being of the people. Every public office holder is answerable to the people. The court expects that while considering the impugned letter of request, the executive authorities would be mindful of their obligations and duties that they owe towards the people,” the order stated.

“In the case in hand, the constitutional petition is not competent against the impugned letter of request, dated Jan 27 and, therefore, it is disposed of with the expectation that the executive authorities would take such decisions as are in consonance with public interest and their constitutional obligations towards the sole stakeholders of the governance system i.e. the people of Pakistan,” the order concluded.

Published in Dawn, February 16th, 2022