| CJ opens his heart to angels | 
By Ansar Abbasi
ISLAMABAD: The chief justice is too cautious these days and does not talk to any person on the issue of affidavits filed by the government before the Supreme Court last week. But he does open his heart before angels with whom he has developed extraordinary intimacy against the backdrop of the March 9 episode.
And to our good luck, one of these angels has started visiting The News office frequently. He is not shy of sharing with this correspondent what the Justice Iftikhar Muhammad Chaudhry shares with him. Neither it is against their code of ethics. "The chief justice laughs at the affidavits," the angel said.
One can doubt a source close to the chief justice but not the angels because of their known credibility that they do not distort facts they are shared with. One can, however, question the chief justice's claim. On the issue of allocation of plot in Karachi, the chief justice is quoted as saying, "Nothing was done against the rules and regulations."
According to the angel, the chief justice in his rejoinder said that while applying for the Karachi residential plot, he had categorically stated that neither he nor his family had any plot in Karachi. It may also be noted that having a plot in Islamabad was not a bar in the criteria for eligibility. Secondly, the criteria included that the applicant should not have a plot in Karachi but, at the same time, it included a provision that this condition could be ignored for purpose of allotment in second preference. The angel also brought with him the documents to substantiate the above claims.
Regarding the protocol to the chief justice, the angel wonders if the protocol of the chief justice was more than his status as given in warrant of precedence. According to the warrant of precedence, the chief justice comes at number 3 above the governor and the chief minister of a province "who are at number 4". When a provincial chief minister could have a heavy protocol, then what about the chief justice.
As for use of Mercedes/BMW when the chief justice is outstation, it is claimed, if the log book for the previous 10 years or even more is checked, it would be revealed that the chief minister and the governor secretariats have been providing these vehicles to the chief justice as his status of warrant of precedence No 3 in Pakistan. "It's foolish to say he got more than his entitlement of protocol," the angel quoted Justice Iftikhar as saying. And even otherwise, the angel reminded that it is not for the chief justice to deal with such petty issues.
Referring to the allegation of interference in administration, the chief justice told the angel that such allegations are simply "fake". "Interestingly, the affidavit given in this matter by DPO (district police officer), Pishin, Amil Shamim Wayne, who is the brother of nominated corps commander, Quetta, Lt-Gen Khalid Shamim Wayne. The corps commander's appointment was made on April 14, while his brother gave the "false" affidavit on the 17th of April."
The angel said that the chief justice refuted the allegation that the DPO promoted a constable on Justice Iftikhar's direction as reflected in the affidavit of the chief of staff to the president. "The person who he said was forced to be promoted was never promoted." "Interestingly, the said constable Abdul Rehman was promoted on May 7, 2007 whereas the chief justice is on leave since March 9. It also speaks to the hollowness of the allegations," revealed the angel and also provided the documentary evidence.
Regarding the re-imbursement of petrol bills, the chief justice is quoted to have said that the judges of the superior judiciary are entitled to 400 litres per month. Terming the CoS's affidavit as an attempt to do his character assassination, the chief justice told the angel that never ever a single litre beyond the entitlement was used or reimbursed. "The irony is that in spite of using all the agencies they made a fool out of them that Chaghi 9 (CIA 9) was a Toyota Corolla 2000 model given to the chief justice when he was elevated judge of the Supreme Court. Whereas the fact is that the Chaghi 9 is a Honda Accord that was purchased only a few months back on the occasion of SC's golden jubilee."
"Perhaps agencies should have done their homework to ascertain the facts about the CIA 9," the chief justice told the angel, who added that the chief justice is not supposed to put his signatures on petrol bill. It is the staff that is required to process such matters.
The CJ also revealed to the angel that in case of all the judges, reimbursement of petrol bills is not claimed by the judges themselves but by the staff. "One should not forget that Supreme Court has a mechanism of internal and external audits. No objection was ever raised by any."
Referring to the CoS's allegations pertaining to "objectionable" TA/DA and medical bills drawn by the CJ, Justice Iftikhar disclosed to the angel that he had claimed one day's daily allowance (DA) when stayed a night in Nathiagali upon his return from Abbottabad where he had attended a bar association function. "In the 17 years of my judicial career, claiming just one day's DA has perhaps made me the richest person of Pakistan," Justice Iftikhar cynically told the angel.
Regarding the TA/DA of children, the chief justice was quoted as saying that they never got TA while travelling with the CJ. Neither the spouse ever claimed the TA if the tour was less than five days period. However, two ailing children of the chief justice who are totally dependent because of their ailment, claimed their TA as per medical rules.
"All these claims were verified by internal and external audit and no objection was ever raised, even when the chief justice was a judge of the apex court," the angel said, adding that this is a pre-planned vilification campaign against the chief justice to tarnish his image and the image of the judiciary as was done before the filing of the reference on March 9.
Responding to the CoS charge that the chief justice misused his authority, Justice Iftikhar told the angel that Justice Ejaz Yousaf of the Federal Shariat Court had retired after completing his tenure of three years. "It is baseless to say that he got retired before time." The angel said that the chief justice was never consulted and there is nothing in black and white to deny this.
As for the appointment of Justice Nasim Sikandar, a sitting judge of the LHC, to the FSC, a notification was issued but, subsequently, it was withdrawn. According to the angel, the chief justice had pointed out that Justice Sikandar's notification was issued contrary to Article 207 of the Constitution. It is also said that it was not the chief justice but the Ministry of Law that had sought the names of judges for their appointment in the FSC.
The CJ also refuted the former IG Punjab Ziaul Hasan's allegations about his son's Dr Arsalan's foreign training in Turkey. "The CJ had nothing to do with it. The IG recommended Dr Arsalan for foreign training for the reason that his son was serving under him." Similarly, the chief justice said if the IG Punjab had any reservations with the TA/DA of Dr Arsalan, then he should have taken up the matter with the FIA, which was Dr Arsalan's parent organization.
Though the angel does not personally know anyone of those who had filed their affidavits against the CJ, he is told by Justice Iftikhar that who's who in the affidavit list shows one thing clear that most of them are serving soldiers or ex-servicemen or their close relations.
These include the CoS, a retired Lt-Gen; DG MI, a serving Maj-Gen; DG IB, a retired Brig; Khalid Bilal, a retired major; Col (retd) Hamdani; DPO Pishin, brother of nominated corps commander Quetta; MS to the governor Frontier, a serving Lt Col; Abdullah Yousaf, close relative of the CoS; ex-IG, Punjab Ziaul Hasan, a close relative of ex-VCOS.
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