IHC disposes of petition against security protocol for ex-CJ Gulzar Ahmed

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday disposed of a petition challenging the provision of security protocol to former chief justice Gulzar Ahmed after his retirement.

An IHC bench comprising Chief Justice Athar Minallah announced its reserved verdict on the petition filed by Riaz Hanif Rahi, CEO of a non-government organisation, the Jurist Foundation.

The court noted 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,” the bench said.

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“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”, Justice Minnallah wrote in the judgement.

“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.”

On Feb 4, the Ministry of Interior approved former chief justice Gulzar Ahmed’s plea for provision of foolproof security after his retirement.

The Supreme Court’s deputy registrar had written a letter to the interior ministry on behalf of the country’s former top judge, seeking foolproof security for him and his family post retirement.

“Justice Gulzar Ahmed has dealt with a number of high profile case of public importance, matters of constitutional and sensitive nature including terrorism, extra-judicial killings, minorities’ issues, enforcement of fundamental rights, restoration of the Karachi Circular Railway and directing removal of encroachments and launching of criminal investigations against officials involved in misconduct,” the letter written on Jan 27 read.

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“Keeping in view the nature of office held by Justice Gulzar Ahmed, Chief Justice of Pakistan and important constitutional and high profile cases decided by him the security of the Hon’ble Chief Justice of Pakistan and his family is at a much risk,” it said.

Justice Ahmed retired on Feb 1 and was replaced by Justice Umar Ata Bandial who took the oath as the 28th Chief Justice of Pakistan (CJP) in a ceremony held at Aiwan-i-Sadr in Islamabad on Feb 2.