The Burden of Judicial Privileges on the National Treasury: Facts and Questions

The Federal Ministry of Law and Justice of Pakistan has issued a notification announcing an increase in house rent allowances for Supreme Court judges to PKR 350,000, while the judicial allowance has been raised by more than PKR 1 million. However, none of the judges responsible for dispensing justice has made a statement regarding these increases, despite Pakistan’s dire economic situation. There ought to be at least one judge with the moral courage to decline these substantial increments. The amount allocated for house rent surpasses the monthly salary of 95% of Pakistan’s population. Who pays PKR 350,000 per month for rent? This seems a peculiar joke in our country. The house rent allowance for judges has been raised from PKR 65,000 to PKR 350,000, and the judicial allowance has crossed PKR 1 million.

Meanwhile, the poor struggle for basic sustenance, middle-class salaries remain stagnant, unemployment is on the rise, and educated youth lack job opportunities. According to a Bloomberg report, from 2015 to the first five months of 2024, more than 6.2 million educated young people have left the country. The Bureau of Immigration reports that 823,000 young Pakistanis left in 2023 alone, and 895,000 have already departed in 2024. Yet, almost every year, judges’ salaries and perks see increases in millions, with a judge’s monthly salary now exceeding PKR 2 million under the new package of allowances.

In Parliament, by swiftly approving the 26th amendment, a bill to increase the number of Supreme Court judges to 34 was passed. Previously, the Senate Standing Committee approved an increase from 17 to 25 judges. Now, following the rapid implementation of these amendments, generous privileges have been announced to reward the appointees of choice. Presently, the Supreme Court has 19 judges, 17 permanent and 2 ad hoc. The government has ostensibly justified these measures by citing the thousands of pending cases in the apex court. As per the Supreme Court records, there are over 60,000 pending cases.

The public, however, views this government move as a calculated effort to pressure the judiciary and appoint favoured individuals to the Supreme Court, creating concern about whom they can turn to for justice and the protection of their rights. It would have been better if, while announcing these benefits, the government had also clarified the complete array of privileges Supreme Court judges receive beyond their monthly salaries.

Currently, the Chief Justice of Pakistan’s salary stands at approximately PKR 1.25 million, while other Supreme Court judges earn around PKR 1.1 million monthly, according to the Ministry of Law and Justice’s notification from July last year. Under the Supreme Court Judges Leave, Pension, and Privileges Order of 1997, in addition to their monthly salaries, Supreme Court judges receive a government-provided residence or, if unavailable, a monthly rent allowance. The government also covers utility bills for electricity, gas, and water at judges’ residences.

Judges receive an official vehicle with 400 litres of fuel per month and are exempted from income tax. They are further entitled to daily expenses allowances and judicial allowances. Upon retirement, judges not only receive a pension but also have the privilege of retaining a government-funded driver or assistant, a benefit that continues for the widow after a judge’s death.

It is astounding to learn that judges receive interest-free loans while they already enjoy government housing and numerous perks. According to an official of the Lahore High Court Bar Council, the caretaker government in Punjab approved interest-free loans exceeding PKR 360 million for 11 judges of the Lahore High Court for house construction, a decision confirmed by the caretaker Minister of Information. In a time of economic crisis, who should be held accountable for draining the public treasury with such measures?

When I raised this question in my column, asking the caretaker government about this, they evasively responded, stating that interest-free loans had been provided to judges in the past as well, ostensibly to keep them away from corruption. Is it reasonable to accept this logic? Why would a person be appointed as a judge if there were even a hint of corruption associated with them? Does this mean that if these benefits are not provided, judges might potentially become involved in corruption? And is there any instance in the past where a corrupt judge was ever given a deterrent punishment? In fact, judges of the Supreme Court themselves have unanimously acknowledged that the execution of Zulfiqar Ali Bhutto was a judicial error. There are also several instances where the Supreme Court acquitted individuals after they had already been hanged years prior, leaving their families to suffer alone and in hardship.

Instead of acknowledging its own mistake, the caretaker government offered the rationale that at the Standing Committee on Finance meeting, agenda items 17, 18, and 19 approved “interest-free loans” for 11 judges to build homes, each averaging around 35 million rupees. These loans amount to the equivalent of 36 months of their basic salary, which will supposedly be deducted from their salaries over 12 years. However, what remains hidden is what privileges the government itself secures from these judges in return for such benefits. It was also not disclosed what guarantees exist to ensure that a judge will even survive the next 12 years.

The government, trying to deflect, informed the public that the loan applications had come from the Lahore High Court Registrar’s office and were approved by Punjab’s Standing Committee on Finance, as per usual procedures. Yet, why are employees in other government departments deprived of similar benefits, especially when they are regular taxpayers while judges are exempted from all taxes? The government further admitted that these 11 judges were the ones left out; all other judges of the Lahore High Court had previously received interest-free loans from various governments to build houses. These 11 judges argued for equal treatment.

To cover up its mistake or corruption, the government argued that offering interest-free loans to judges is a major means of keeping them away from corruption so they can build homes during their service. But one might wonder why this simple fact does not resonate with these “blind thinkers,” that judges already receive handsome salaries and benefits, and providing them interest-free loans is a covert way to secure further favours from them.

However, a petition has been filed in the Lahore High Court, describing these loans as “discriminatory” and “inequitable” and requesting they be declared null and void. The Pakistan Bar Council has also expressed grave concerns over these interest-free loans to Lahore High Court judges, demanding an immediate withdrawal of the alleged notification. Yet, the public has seen this drama multiple times before. When the people vote to elect members of Parliament with the hope of eradicating corruption, both the government and the opposition, seemingly hostile in front of the public, unite over bills increasing their own salaries and are often seen embracing each other.

In a statement, the Bar Council deemed this act “unethical” and “unlawful,” adding that, in the current extreme economic conditions, such actions severely harm the public treasury. Granting public funds to approve loans for judges is neither legitimate nor acceptable, especially when inflation is already overwhelming the public. Even the poor are charged interest rates of 20-25% on loans, while a judge—who receives an attractive salary package and enjoys additional benefits—is provided an interest-free loan, which is against judicial ethics and represents discrimination and inequity.

The entire nation hopes that the judges of the Lahore High Court and Supreme Court will not only reject these unjustified benefits but also order an immediate end to all undue privileges for the elite class, including judges. These benefits are being given at a time when inflation is crushing the public, and electricity prices continue to rise, while, on the other hand, our elite class is being further financially strengthened.

The judiciary’s responsibility is to deliver justice, but such governmental actions resemble “bribing” the judiciary or “pressuring” it. Undoubtedly, the backlog of pending cases has paralysed the judicial system, with priority given only to cases involving political circles or elite individuals, leaving cases for the poor and middle class unheard for a decade or more. It is a tragedy that while the world moves forward, we seem to be falling further behind.

Under the World Justice Project in America, data regarding the judiciary and judicial systems in various countries has been gathered for several years. This year’s report, covering data from 128 countries, places significant emphasis on the rule of law as an important index. According to this research, the judicial performance in several South Asian countries is notably better than in Pakistan. According to the Rule of Law Index, Nepal ranks 61st, Sri Lanka 66th, and India 69th for judicial performance.

Currently, Pakistan ranks 120th out of 128 countries for the provision of justice. The announcement of interest-free loans and benefits for judges has not only surprised legal bodies but also sparked reactions on social media. While industries and businesses are collapsing due to high interest rates, the Punjab government is granting interest-free loans to judges, and the federal government is offering them extensive privileges, hoping to gain their goodwill—an ethically questionable move. The primary rule to correct such issues is to avoid making new mistakes. The real question is: could a sanitation worker or security guard ever hope to secure a 371-million-rupee, interest-free loan? Could a clerk, who spends his life receiving orders from these judges, benefit from such privileges?

This privilege of interest-free loans for judges, along with vast retirement benefits like 90 acres of land for powerful institutions and generous benefits for the Chairman and former Chairman of the Senate, raises concerns. Was Pakistan originally intended to serve only a specific privileged class, leaving the rest to serve them like servants? This is a disturbing thought, but no surprise. In March 2013, just two days before leaving office, Speaker of the National Assembly Dr. Fahmida Mirza presided over her last meeting of the Finance Committee. Quietly, she secured lifelong benefits for herself, which continue to cost Pakistani taxpayers millions even today. If she never becomes an MNA or Speaker again, she will still receive these lifelong privileges.

To deflect criticism, Mirza also extended these benefits to seven former Speakers of the National Assembly, ensuring that prominent figures like Farooq Ali Khan, Fakhar Imam, Hamid Nasir Chattha, and Chaudhry Amir Hussain received these benefits unrequested. Yousuf Raza Gilani, a former Speaker and now Senate Speaker, too, continues to enjoy such benefits. Additionally, Mirza granted a third service extension to her favoured staff members who had retired years before. Although the Supreme Court had ruled against post-retirement extensions, Mirza reappointed ten retired employees, including the Secretary of the National Assembly and Senate Secretary Iftikhar Babar.

The National Assembly’s Finance Committee, consisting of both opposition and government members, quietly approved these benefits without question or any public knowledge. In a joint report published by the United Nations Development Programme and Pakistan’s National Human Development in 2021, it was highlighted how privileges granted to Pakistan’s elite—landowners, political leaders, and the military—place an extra burden of over $17 billion on the national economy.

According to a report from the Pakistan Institute of Development Economics (PIDE), judges of the High Court are granted government housing, which includes rent covered by the state, as well as utility bills and a government vehicle. If they live in their own homes, an additional allowance of about 65,000 rupees is allocated monthly. Rent allowances are at least 350,000 rupees, while the judicial allowance exceeds one million rupees. After the recent announcement increasing the benefits for Supreme Court judges in Pakistan, will the financial struggles of judges truly be alleviated? Perhaps it’s worth re-examining these privileges to ensure that the absence of such benefits does not open doors to corruption.

یٰۤاَیُّہَاالَّذِیۡنَ اٰمَنُوۡا کُوۡنُوۡا قَوّٰمِیۡنَ بِالۡقِسۡطِ شُہَدَآءَ لِلّٰہِ وَلَوۡعَلٰۤی اَنۡفُسِکُمۡ اَوِالۡوَالِدَیۡنِ وَالۡاَقۡرَبِیۡنَ ۚ اِنۡ یَّکُنۡ غَنِیًّااَوۡفَقِیۡرًا فَاللّٰہُ اَوۡلٰی بِہِمَا ۟ فَلَا تَتَّبِعُو االۡہَوٰۤی اَنۡ تَعۡدِلُوۡا ۚ وَاِنۡ تَلۡوٗۤااَوۡتُعۡرِضُوۡافَاِنَّ اللّٰہَ کَانَ بِمَاتَعۡمَلُوۡنَ خَبِیۡرًا﴿النساء:135﴾

O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So, follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, Acquainted.