The High Court of Azad Jammu and Kashmir on Tuesday ordered to serve notices on a former chief justice (CJ) of AJK Supreme Court and eight government officials for their comments in connection with a petition challenging the “unlawful” sale of an official vehicle to the former CJ at a “throwaway price.”
The petition was filed by advocates Syed Zulqarnain Naqvi, Syed Yasir Ali Gillani and Waheed Awan and civil society activists Shahid Zaman Awan, Shahab Rathore and Yasir Hussain Mughal under Article 44 of the AJK Constitution, and was taken up by a single member bench comprising Justice Sadaqat Hussain Raja.
Ex CJ Zia, according to a notification issued by the law, justice and parliamentary affairs department on April 2, was provided a 2007 model 5-door Parado (MD-GA-566) on the occasion of his retirement “at a depreciated cost of Rs 410699, worked out by a deputy commissioner of Inland Revenue Department.”
The petitioners informed the bench that the said vehicle was purchased by the AJK government “on its book value” from almost defunct Azad Kashmir Logging and Sawmills (AKLAS) Corporation and placed at the strength of the Central Transport Pool of Services and General Administration (S&GAD) department.
From there, it was directly transferred to the AJK Supreme Court on Feb 17, where Rs 818,300 were spent on its “wear and tear” at a private workshop in Peshawar according to a voucher dated March 28, just few days before its transfer to Mr Zia at the “depreciated cost of Rs 410699.”
Advocate Naqvi argued that according to the AJK Constitution the members of the superior judiciary in AJK were mandatorily entitled to the same salary, allowances, perks, privileges and post retirement benefits as were admissible to their counterparts in Pakistan.
In this regard, he also quoted the law and the rules prevalent in Pakistan regarding the engine capacity, fuel ceiling etc of official cars to be used and utilized by the judges as well as their provision to the retiring judges at depreciated cost.
The impugned April 2 notification when gauged upon the touchstone of the law and rules in vogue in Pakistan was absolutely illegal, perverse, without jurisdiction or any lawful authority and discriminatory, he contended.
Mr Naqvi pleaded that the court should take serious stock of the matter and take all those involved in approving and facilitating the unlawful transfer to task.
Taking up the petition, Justice Sadaqat Hussain Raja ordered issuance of notices to Mr Zia and eight other respondents, including the chief secretary, law secretary, S&GAD secretary, Accountant General, Transport Officer, Registrar and Drawing and Disbursing Officer of Supreme Court, and deputy commissioner Inland Revenue Department, to submit their comment before June 15.
The judge also referred the matter to Chief Justice Azhar Saleem Babar for constitution of a larger bench to hear this petition.
Tariq Naqash
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