Pensionary benefits: Two PCO judges make demand for pension

Write to bar council to intervene and help implement a SC order

ISLAMABAD: Two PCO judges have sought Pakistan Bar Council’s intervention for the recovery of their pensionary benefits in view of the Supreme Court’s five-year old judgment.

The apex court in its landmark judgment on July 31, 2009 removed all the judges, who had taken oath under PCO on November 3, 2007 in violation of the court’s restraining order. Contempt proceedings were initiated against them but were later dropped after all serving judges, except six, had tendered their resignations.

Two former judges of the Lahore High Court—Justice (retired) Shabbar Raza Razvi and Justice (retired) Syed Hamid Ali Shah— have written a letter to PBC Vice Chairman Farogh Naseem requesting the body to intervene in the matter so that the court’s  judgment could be implemented in letter and spirit.

The letter, a copy of which is available with The Express Tribune, says that the court’s declaration regarding the issuance of pension has not been implemented so far and the relevant file has not been forwarded by LHC to the Accountant General Punjab and is still lying with the chief justice.

“We are practicing advocates of the Supreme Court hence the Pakistan Bar Council has ample jurisdiction to intervene. Even otherwise, the judgments of the Supreme Court have to be implemented under Article 189 of the Constitution,” the letter read.

It is further contended that the failure to implement the said judgment is purely against the fundamental/constitutional rights.

PBC vice chairman Farogh Naseem told The Express Tribune that they would make a request to chief justices of both the SC and LHC regarding the issuance of pensionary benefits to both the ex-judges in view of the court’s judgment.

Supreme Court Bar Association (SCBA) president Ali Zafar too supported both LHC judges’ claim and said that both the judges were entitled to get monthly pension.

Published in The Express Tribune, September 20^th, 2016.