Entitlement,
excess and security
A three-member
Supreme Court (SC) bench headed by Chief Justice of Pakistan (CJP) Saqib Nisar
has advised politicians, particularly the JUI-F chief Maulana Fazlur Rehman, to
arrange their own security. The SC was hearing a suo motu case regarding the
use of luxury vehicles by ministers and bureaucrats beyond their entitlement
according to the rules. These rules do not permit use of official vehicles
above 1800 cc, and in most cases, 1300 cc for government officials. The SC felt
constrained to take suo motu notice of the widespread practice of using luxury
vehicles beyond these permitted parameters by the beneficiaries of such
entitlement. The other aspect that gripped the attention of the court during
the hearing on June 5, 2018 was the use of officially supplied bulletproof
vehicles to those considered under threat. In the latter context, the court had
summoned JUI-F chief Maulana Fazlur Rehman, secretary general Maulana Abdul
Ghafoor Haideri and PML-N Senator Kamran Michael for still using
government-provided bulletproof vehicles. However, their counsel Kamran Murtaza
informed the court that the vehicles had already been returned. Murtaza also
informed the court that Maulana Fazlur Rehman had survived three assassination
attempts. At this the court said the Maulana should arrange for his own
security. In a similar vein, the SC inquired about the security vehicles
provided to former president Asif Zardari and PPP chairman Bilawal Bhutto
Zardari. Their counsel Farooq Naek replied that both leaders were using their
own vehicles. The court observed that it would not allow electioneering by
political leaders at the expense of the state. At a press conference later, a
visibly annoyed Maulana Fazlur Rehman drew a line of demarcation between
protocol and security, and in a tongue-in-cheek dig, called upon the CJP and
prime minister to exchange protocol with him. Meanwhile the court turned its
attention to the security arrangements at Shahbaz Sharif’s Model Town residence
and the bulletproof vehicle provided to him. The court was informed that the
police posts and barricades had been removed from the area and that Shahbaz
Sharif was under a security threat. The bench was told that 105 protected
luxury vehicles in the use of ministers and officers had been recovered by the
federal government, while 49 of a total of 56 had been recovered by the
Balochistan authorities. At this the bench ordered the remaining seven vehicles
recovered from Balochistan’s former ministers by the same night else they would
be fined Rs 100,000 per day, which would be enhanced to Rs 200,000 per day
after a week. It may help round off the picture by adding that following a
directive by the SC, the Punjab authorities too were in the process of
retrieving luxury vehicles from ministers, officials and the officers of public
sector companies. The Federal Board of Revenue was also questioned in this
regard, and instructed to recover luxury vehicles beyond entitlement.
It is good that
the apex court is attempting to curb if not eliminate the widespread and long standing
abuse of entitlements by political leaders and officials. Had the rules in this
regard been adhered to, perhaps the SC would not have found it necessary to
expend its precious time and effort to save public money and assets. While the
well intentioned suo motu intervention of the SC in the matter can only be
appreciated, perhaps the solution lies less in detailed tinkering with the
ground realities and more in addressing the issue either through enhancing the
rules governing entitlements to cover luxury and bulletproof vehicles (for
those in public office and considered under threat), or, if that proves
unpalatable in the present climate of scrutiny of improper practices and
stretching of the rules by the privileged, ensuring the laid down rules are
strictly adhered to, without exception. However, the matter of security does
not so easily lend itself to a blanket order. A previous such direction by the
SC had to be modified in favour of those considered under a real and serious
security threat. It must not be lost sight of that although the incidence of
terrorism has abated significantly since the military’s operations in the
tribal areas, the problem remains in the shape of those terrorists who fled
across the border into Afghanistan and their sleeper cells left behind inside
Pakistan. Security threats therefore cannot even now be treated lightly. The SC
could easily call experts in the security field to guide it on a case-by-case
basis whether particular individuals in public life deserve security provided
by the state or not. Here, a balance needs to be struck between entitlement,
excess and security, whereas blanket orders may well turn out to be a case of throwing
the baby out with the bathwater.
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