' SHAUKAT AZIZ SIDDIQUI, J.--- Petitioners invoked the Constitutional Jurisdiction of this Court by way of filing instant Writ Petition with the following prayer:--- "It is, therefore, humbly prayed that this Writ Petition may very kindly be accepted and the respondents be directed to provide full security to Mr. Iftikhar Muhammad Chaudhry, Former Chief Justice of Pakistan by providing "Bullet Proof and Jammer Vehicle" along with Elite Force and Squad of Rangers. It is further prayed that any other suitable, just and proper relief, which the honourable Court may deem fit and necessary in the circumstances may also be granted."
2 AND presented the facts as under:--- ' That the petitioners are members of the Lahore High Court Bar Association, Rawalpindi Bench, Rawalpindi, which is a body of lawyers formed for the protection of the rights of the people of Pakistan including lawyers and judiciary. In the past, bar associations in Pakistan have played a pivotal role in the enforcement Of fundamental rights and have compelled Governments, institutions and influential persons in Pakistan to act in accordance with the mandate of law.
Former Chief Justice Mr. Iftikhar Muhammad Chaudhry has been a prominent personality in Pakistan who has shaped the country's recent history. His refusal to resign as Chief Justice resulted in proclamation of emergency on November 3rd, 2007 and his suspension. After a historic and momentous struggle he was restored as Chief Justice whereafter he declared emergency of November 3rd as illegal and without lawful authority. Apart from this he has rendered numerous decision including the controversial suo motu notices of notorious and contentious issues such as privatization of Pakistan Steel Mills, Hajj Scheme, Rental Power case, NRO case, Asghar Khan case, LPG case, NICL, LNG, NLC, Prime Minister Yousaf Raza Gillani contempt case, prevailing law and order situation in Karachi, missing persons etc. After completing 8 years the Former Chief Justice retired from his service whereafter the respondents malafidely and negligently withdrew all his security and deployed only few police officials which are not only inadequate but are in capable of giving protection to such a high profiled personality facing such enormous life threats.
3. I have heard the learned counsel and perused the relevant record which clearly reveals that the safety precautions taken by the respondents for the protection of the Former Chief Justice of Pakistan Mr. Iftikhar Muhammad Chaudhry are not only derisory and inadequate in the light of the prevalent threats to him and his family and the overall prevalent security situation in the country but are also an attempt to derision the high judicial office he held and the nature of functions he performed therein.
4. For the sake of convenience, a chronological sequence of facts and events leading to the instant matter are reiterated hereinbelow:---
(I) Vide letter dated November 26th, 2013 Dr. Faqir Hussain, Registrar of the Supreme Court of Pakistan issued a letter addressed to the Secretary, Ministry of Interior contents of which are reproduced hereinbelow:--- ' No, P. Reg. Security-1/SCP-2013 SUPREME COURT OF PAKISTAN Branch Registry, Lahore 6th November, 2013.
"Dear Secretary, ' Mr. Justice Iftikhar Muhammad Chaudhry, Hon'ble Chief Justice of Pakistan, on attaining the age of superannuation, shall lay down the robes of the office on 11th December 2013. By virtue of holder of high judicial office and the nature of functions performed, there is a need to make foolproof security arrangements for him and his family after his retirement. This is all the more necessary in view of the overall prevalent security situation in the country.
(2) You may, therefore, kindly make the requisite security arrangements for him/his family including the provision of a bulletproof car.
Yours faithfully, (Dr. Faqir Hussain) Registrar
(II) Pursuant to this letter, the Ministry of Interior acknowledged the threats and life risks to Mr. Justice Iftikhar Muhammad Chaudhry and wrote the following letter to the Secretary, Cabinet.
Division, Government of Pakistan: F. No, 1/100/2013-Secuirty-I Government of Pakistan Ministry of Interior Islamabad, the 6th December 2013.
' Subject: PROVISION OF BULLET PROOF VEHICLE TO MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY AFTER RETIREMENT.
' In continuation of this Ministry's O.M. No, 1/100/2013- Security-I dated 3rd December, 2013 on the subject, I have been directed to state that Ministry of Interior's earlier request for provision of Bullet Proof Vehicle to Mr. Justice Iftikhar Muhammad Chaudhry is based upon clear and present threats to his person. Provision of Bullet Proof Vehicle, besides other measures, is essential for ensuring foolproof security for the honourable Chief justice.
' Aitzaz-ud-Din, Deputy Secretary (Security)` ' The Secretary Cabinet Division Government of Pakistan Islamabad (III) Subsequent to the above letter on 18-12-2013 the Former Chief Justice was provided a Bullet Proof Mercedes. Benz, 560 SEL No, IDE 5445 Model 1991. However the same was returned vide letter dated 3rd January, 2014 from the Registrar. Supreme Court of Pakistan addressed to the Secretary Cabinet Division.
No,AR(G)/2013-SCG SUPREME COURT OF PAKISTAN Islamabad, the 3rd January, 2014 ' From:"
' The Registrar, ' Supreme Court of Pakistan, Islamabad.
' The Secretary Cabinet, Cabinet Division, Government of Pakistan, Islamabad.
SUB: RETURN OF MERCEDEZ BENZ (BULLET PROOF) PROVIDED TO MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, FORMER HON'BLE CHIEF JUSTICE.
' Dear Sir, ' I am directed to forward herewith a copy of note received from Mr. Nisar Ahmed, Private Secretary to Mr. Justice Iftikhar Muhammad Chaudhry, former Hon'ble Chief Justice, which is self- explanatory for your kind information please.
Yours faithfully, (Iqbal Naseer) Assistant Registrar(Genl.)
For Registrar ' It is submitted that Mercedes Benz, 560 SEL No,IDE 5445 Model 1991 was taken over on 18-12-2013 for Hon'ble Mr. Justice Iftikhar Muhammad Chaudhry, former Chief Justice of Pakistan. But the condition of the said vehicle is dilapidated, which does not meet the requirements of travelling.
As such, as per the direction of his lordship's vehicle has been returned to Cabinet Division.
(Nisar Ahmad) Private Secretary
5. After correspondence through, the aforementioned letters, the matter was brought to the attention of this Court vide the instant Writ Petition wherein the following orders were passed:
(I) Order dated 1-1-2014 "Let Secretary, Ministry of Interior be directed to depute some responsible officer not below the rank of Additional Secretary to appear before the Court and make a statement with regard to providing foolproof security to his lordship Mr. Justice (R) Iftikhar Muhammad Chaudhry, the former Chief Justice of Pakistan. Let matter be posted for tomorrow i,e, 2-1-2013. Office is directed to fax the order"
(II) Order dated 2-1-2014 ' In response to order dated 1-1-2014, Mr. Athar Hussain Khan Sial, Additional Secretary, Ministry of Interior has put appearance and submitted that prior to retirement of his lordship Mr. Justice (R)
Iftikhar Muhammad Chaudhry, the former Chief Justice of Pakistan, arrangements were made to provide him foolproof security. According to him, in this regard, directions were issued to LG. ICT as well as Cabinet Division for providing bullet proof vehicle. Petitioners in person submitted that neither bullet proof vehicle has been provided to his lordship nor security personnel as mentioned by the Additional Secretary have been deputed.
3. This is a serious and grave issue concerning the life and security of a Former Chief Justice of Pakistan and it appears that Ministry of Interior is taking the matter extremely casually as no proper arrangements have been made for the required and necessary security of his lordship.
4. Be that it may, official in attendance is directed to file statement in writing with regard to orders passed by the Ministry, steps taken and execution of the same.
5. Office is directed to issue notice to the Inspector-General of Police, Islamabad for his personal appearance as well as for appearance of some senior official from the Cabinet Division.
6. Let matter be posted for tomorrow i,e, 3-1-2014. III Order dated 3-1-2014 In response to order dated 2-1-014 Mr. Athar Hussain, Additional Secretary, Ministry of Interior, Zia- ul-Haq, Joint. Secretary, Cabinet Division and Mr. Sikandar Hayat, I.G., Islamabad in attendance, later informed that eighteen Police men have already been deputed for the security of former Chief Justice of Pakistan (Mr. Justice (R) Iffikhar Muhammad Chaudhry) but petitioner in person rebutted this fact by submitting that only four Policemen are performing duty.
(2) As far as issue of providing bullet proof vehicle to the former Chief Justice of Pakistan is concerned, the statement made by Mr. Zia-ul-Haq, Joint Secretary, Cabinet Division seems unreasonable The vehicle which purportedly was provided to his lordship was returned on the same day as it was not in working or running condition, till then, no alternate arrangement has been made to provide the vehicle. Mr. Zia-ul Haq further submitted that another vehicle Model- 2005 is not in working condition but has been sent to workshop for repair and maintenance which may take fifteen days to bring the same in the running condition.
(3) This Court observes with great concern that approach of Ministry of Interior and Cabinet Division towards providing foolproof security to the former Chief Justice .Of Pakistan who has serious threats to his life and security is not only casual but somewhat surprising. It is the observation of a common man that on the one side security thousand in numbers has been provided to an accused of a case on the contrary former Chief Justice of Pakistan who strived for upholding the rule of law and constitutionality is being denied the minimum security of his stature and level. The four policemen for the security of former Chief Justice of Pakistan cannot believed to be sufficient, therefore, IG, Police, Islamabad undertakes that Police force shall be enhanced, as per the requirements of the former Chief Justice of Pakistan and whenever he will move to some other station proper escort according to his status and requirement shall also be deployed.
(4) Additional Secretary, Ministry of Interior is directed to issue notification of the facilities which are to be provided to his lordship so that it be brought on the record that what facilities are being extended. The Joint Secretary, Cabinet Division is directed to ensure that a proper vehicle in working condition in all respect be provided to his lordship by 9th January, 2014 without any further excuse. The petitioner shall certify this fact as to whether undertaking given before this Court has been complied with or not and as to whether bulletproof vehicle to his lordship has been provided or not.
' Adjourned to 9th January, 2014.
IV. In compliance with the aforesaid orders, on 8th January, 2014 the Government of Pakistan, Cabinet Secretariat, Cabinet Division issued the following letter: ' GOVERNMENT OF PAKISTAN CABINET SECRETARIAT CABINET DIVISION ' No,F.2-17/2013-CPC Islamabad, the 8th January, 2014 ' From: ' Zia-ul-Haq, ' Joint Secretary (NPS), Ph:9209142.
' To: ' Mr. Lqbal Naseer, ' Assistant Registrar (Genl.) For Registrar, Supreme Court of Pakistan, Subject: PROVISION OF A BULLET PROOF CAR FOR THE OFFICIAL USE OF MR. JUSTICE (R) IFTIKHAR MUHAMMAD CHAUDHRY, FORMER HON'BLE CHIEF JUSTICE OF PAKISTAN.
(1) Reference Islamabad High Court order passed in Writ Petition No,4761 of 2013 dated 3rd January, 2014 and Supreme Court of Pakistan's letter No,AR(G)/2013-SCG, dated 3rd January, 2014 on the subject.
(2) The Prime Minister has been pleased to approve the replacement of the protected Mercedes Benz vehicle No, IDE-5445, Model 1991, with the protected. Mercedes Benz vehicle No,GD-0341, Model 2005 as a special dispensation for a period of 3 months. As per rules, the cost of the POL/maintenance expenditure of the protected vehicle cannot be picked up by the Government and has to be paid by the user of the vehicle through personal arrangement.
(3) It is, therefore, requested that the Mr. Nisar Ahmed, PS to Justice (R) Iftikhar Muhammad Chaudhry may be directed to take over the vehicle from this Division accordingly, so as to ensure the compliance of the orders of the Hon'ble High Court.
(Zia-Ul-Haq)
(V) Consequently on the next date of hearing the following order dated 9-1-2014 was passed: The Ministry of Interior through Notification dated 8th January, 2014 which has been placed on record, has assigned the responsibility of providing security for the protection of Former Chief Justice of Pakistan to the I.-G. Of Police (ICT), Islamabad.
2. In this view of the matter, the I.-G. Of Police is directed to establish contact with Mr, Nisar Ahmed, P.S. To Hon' ble Justice (R) Iftikhar Muhammad Chaudhry, former Chief Justice of Pakistan for seeking requirement for security, etc. And provide the same, forthwith (emphasis added)
3. Zia-ul-Haq, Joint Secretary (NPS), Cabinet Division has also produced the letter addressed to Mr. Lqbal Naseer Assistant Registrar (General), for Registrar Supreme Court of Pakistan, Para-2 of same is of some significance, therefore, is being reproduced hereinbelow: "The Prime Minister has been pleased to approve the replacement of the protected Mercedes Benz vehicle No, IDE5445, Model 1991, with the protected Mercedes Benz vehicle No, GD-0341, Model 2005 as a special dispensation for a period of 03 months. As per rules, the cost of the POL/maintenance expenditure of the protected vehicle cannot; be picked up by the Government and has to be paid by the user of the vehicle through personal arrangement." (underlining is mine).
The subject of letter also contained the words "for the official use". It appears that Cabinet Division has amalgamated different requests, therefore, officials in attendance are directed to produce all record starting right from the first request of provision of security to his lordship Mr. Justice(R)
Iftikhar Muhammad Chaudhry, former Chief Justice of Pakistan' to the most recent ones.
4. Both the officials in attendance are further directed to provide list of all retired persons right from the President of Pakistan to any other office, who have been extended benefit of foolproof security with bullet proof vehicles, terms and conditions on which those vehicles have been handed over to the retired persons including number of vehicles, escort as well as number of police personnel and personnel of other laws enforcing/security agencies.
(5) On the last date of hearing, Mr. Athar Hussain, Additional Secretary Ministry of Interior made a categorical statement that there are serious life threats to the life of Hon'ble Mr. Justice (R) lftikhar Muhammad Chaudhry, Ex-Chief Justice of Pakistan, which fact has also be reaffirmed and acknowledged by Mr. Aftab Alam, joint Secretary, Ministry of Interior.
(6) Let matter be posted for hearing on 15-1-2014.
6. Pursuant to the above orders the Cabinet Secretariat, Cabinet Division amended the subject of the letter dated No F 2-17/2013-CPC dated 8th January, 2014 which contained the words for official use vide Corrigendum of even number dated 9th January, 2014 which is reproduced hereinbelow:- -- ' GOVERNMENT OF PAKISTAN CABINET SECRETARIAT CABINET DIVISION ' No, F-217/2013 CPC Islamabad; the 9th January; .2014 ' From ' Zia Ul Haq ' Joint Sectary (NPS)
' To: ' Mr. Iqbal Naseer, ' Assistant Registrar (Genl) For Registrar, Supreme Court of Pakistan Islamabad CORRIGENDUM ' Subject: PROVISION OF A BULLET PROOF CAR FOR THE OFFICAL USE OF MR. JUSTICE (R) IFTIKHAR MUHAMMAD CHAUDHRY FORMER HON'BLE CHIEF JUSTICE OF PAKISTAN.
(1) Reference this Division letter of even number dated 8th January, 2013 on the subject
(2) The subject of the letter may be read as under:--- ' Subject: PROVISION OF A BULLET PROOF CAR TO MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY FORMER HON'BLE CHIEF JUSTICE OF PAKISTAN
7. Along with the above, the respondents placed information sought including details of bullet proof vehicles provided to retired persons, which is replicated hereinbelow:--- ' GOVERNMENT OF PAKISTAN ' MINISTRY OF INTERIOR ' NATIONAL CRISIS MANAGEMENT CELL ' DETAILS OF BULLET PROOF VEHICLES ' PROVIDED TO THE RETIRED PERSONS S. No.MAKE AND TYPE MODELAVAHLABILITY/DEPLOY-MENT REMARKS 1.Mercedes Benz Car S- 500L2005Former Prime Minister, Ch. Shujaat Hussain.Allocated by PM's Sectt. on 5- 11-2007 2.Mercedes Benz G- 500, IDP-90232005Former Prime Minister, Syed Yusuf Raza GillaniAllocated by Prime Minister's Office, on 29-4-2013 3.Mercedes Benz Jeep G- 5002005Former Prime Minister Mr. Raja Pervez AshrafAllocated by Prime Minister's Office, on 29-4-2013 ' The above bullet proof vehicles have been provided to the aforementioned former Chief Executives including an 'Interim' Prime Minister, namely Ch. Shujaat Hussain. The aforesaid provisions have been made as per section 24(2)(a) of the Rules for the Use of Staff Cars, 1980 which is reproduced hereinbelow;---
24. Categories of Staff Cars and their Entitlement for Use:-
(I) Staff cars for government use may be categorized as under:---
(a) Small cars Up to engine power not exceeding 1300 CC.
(b) Medium carsCars with an engine power ranging from over 1300 CC to 1600 CC.
(c) Big cars Engine power exceeding 1600 CC. .
(d)All cars earmarked for foreign dignitaries and Federal/Provincial Ministers, Hon'ble Judges of Supreme Court and Chief Justices of the High Court will be air-conditioned (Add. Vide No,12/65/81- CS, dated 4th August, 1983)
(2) The Prime Minister of Pakistan has been pleased to approve the following revised entitlement of staff cars:---
(a) Federal Ministers/Ministers of State/Advisors/1800 CC Special Assistants to the Prime Minister with status of Minister/Minister of State.
"Provided that the protected vehicle shall be allocated to a vulnerable dignitary subject to availability and approval, of the Prime Minister. However, the repair/maintenance and POL of the vehicle shall be the responsibility of the respective Ministry/Division/Department or the dignitary concerned."
8. In light of the prevalent law and order situation in the country and the sheer number of assassinations of prominent national personalities, it is the obligation and primary duty of the Government to provide adequate security, protection as well as take all feasible steps to ensure the protection of its citizens especially State personalities facing foreseeable, existent and actual threats to their lives such as the Hon'ble Former Chief Justice of Pakistan, Mr. Justice (R) Iftikhar Muhammad Chaudhry. The word 'life' in the Constitution is very significant as it covers all facts of human existence and includes provisions of guarding and protecting the same. The State should therefore act in aid of enforcement and protection of the fundamental right to life guaranteed under Article 9 of the Constitution of Islamic Republic of Pakistan and public functionaries like Police, Ministry of Interior and Cabinet C Division must act in support of the same and facilitate, sustain and minister the enforcement of the said Constitutional provision rather than to violate, neglect, overlook and disregard the same. The 'right to life' has to be safeguarded and upheld and no person or institution can be given the right to jeopardize a life and expose a person to danger either due to mala fide intent or heedless attitudes like in the present case. It is apparent.
9. The Former Chief Justice and his family faces recognized foreseeable and inevitable risks and security threats. As per letter dated October 17, 2009 the Ministry of Interior National Crisis Management Cell issued the following notice:--- GOVERNMENT OF PAKISTAN MINISTRY OF INTERIOR NATIONAL CRISIS MANAGEMENT CELL No,3/9/2009-(0&I)-1368 Islamabad, Oct. 17th 2009 ' Subject: THREAT ALERT-1310
(1) Reportedly terrorist have selected following as likely targets for sabotage activity using suicide bombers/ impoverished explosive device:---
(a) Chief Justice of Supreme Court/ High Courts
(b) Prime Minister
(c) President
(d) Interior Minister
(e) Media Persons/ Installations
(f) Employees of High Courts
(g) Police Station Hurbance Pura and Mughalpura
(h) .................................................................
(2) Forwarded for extreme vigilance heightened security and preventive measures to avoid any untoward incident (Farif Ahmed Khan) Director (Ops)
For Director-General Copy to
(i) MS to President (Brig. Mian Muhammad Hilal Hussain), Aiwan-e-Sadr, Islamabad.
(ii) MS to PM (Brig Nasir Dilawar) PM Secretariat, Islamabad.
(iii) DG (Security), (Brig. Iftikhar Mansoor), Aiwan-e-Sadr, Islamabad.
10. From the plain reading of the above it is clear that the Former Hon'ble Chief Justice Supreme Court, Mr. Justice (R) Iftikhar Muhammad Chaudhry, is the top target for a terrorist activity. His name has been listed even above important and crucial State functionaries like the Prime Minister and President. This fact has also been conceded by the respondents in Court also. However, despite such clear, evident and manifest information the respondents have not only disregarded, neglected but also adopted a heedless attitude towards the life security of the Former Chief Justice and his family. The respondents have exhibited a typical bureaucratic approach by complicating the simple issue of ensuring fool proof security to the Former Chief Justice of Pakistan which clearly leads to a conclusion that an intentional and deliberate attempt has been made to disgrace the Former Chief Justice which in turn is a disrespectful approach towards the institution of judiciary which is further made evident from the provision of a decrepit, ramshackle and dilapidated vehicle which apparently does not even meet the basic requirements of travelling.
Hence, respondents have not only infringed but also disregarded, derided and abridged the fundamental rights of protection of the life of his Lordship and have demeaned his stature and efforts for the Country. The alleged error of usage of the words 'for the official use' by the Cabinet Secretariat in the letter dated 8th January, 2014 is a clear example of this attitude. As per the Corrigendum dated 9th January, 2014 the same has been deleted from the letter however the letter still stipulates the following unreasonable clause:--- "The Prime Minister has been pleased to approve the replacement of the protected Mercedes Benz Vehicle No IDE 5445, Model 1991 with the protected Mercedes Benz Vehicle No GD-0341, Model 2005 as a special dispensation for a period of 3 months. (emphasis provided).
' This time specific clause is unfeasible, unrealistic and is discriminatory as the same time span stipulation has not been applied to any of the former heads of the executive' whereas the head of the third State pillar is being meted out with such treatment.
11. Therefore, it is hereby ordered that the Former Chief Justice shall be provided foolproof security along with possession of the aforementioned bulletproof car for his and his family's use without putting embargo of any time specification. As per the maintenance and expenses of the bullet proof car is concerned, the same shall as per section 24(2)(a) of the Rules for the Use of Staff Cars, 1980 be borne by the Ministry of Law as being 'the respective Ministry/ Division/ Department concerned'. Moreover, as far as the directions to the I.-G. Of Police (ICT), are concerned, order dated 9-1-2014 (reproduced in para 5 (V) herein above) suffices.
12. In view of what has been discussed above, this Writ Petition is disposed of.