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The Supreme Court was informed on Tuesday that former Supreme Court chief justice Syed Sajjad Ali Shah will be paid pension including all the perks and privileges as a former chief justice of Pakistan (CJP) instead of a retired judge.
Former Justice Sajjad Ali Shah was the Chief Justice of Pakistan till 1998. He was removed from his post during Nawaz Sharif's second tenure in the light of Malik Asad Ali Case in which his ruling was declared wrong. The attorney-general for Pakistan Molvi Anwar-ul-Haq apprised a five-member bench of Supreme Court that government had agreed to pay pension and other benefits to former Syed Sajjad Ali Shah.
The bench headed by Justice Muhammad Sair Ali comprising Justice Jawwad S Khawja, Justice Mahmood Akhtar Shahid Siddiqui, Justice Khilji Arif Hussain and Justice Tariq Pervez was hearing the case filed by Sajjad Ali Shah seeking pension as a former chief justice.
Contrary to the then government of PML-N, the attorney-general said, the government has agreed to give all the perks and benefits to former chief justice Syed Sajad Ali Shah as a retired chief justice. The counsel for the former chief justice, Muhammad Akram Sheikh (advocate) also agreed with the AG's statement and requested the bench that an order should be passed over the issue as his client's grievances stood rectified.
This is pertinent to mention that in November 1997, Chief Justice Sajjad Ali Shah was hearing a case of 'Contempt of Court' against Nawaz Sharif, when suddenly a Nawaz Sharif sponsored mob attacked the Supreme Court. The supporters of Nawaz Sharif breached the police barriers, entered the court-room while chanting the slogans against chief justice and destroyed the furniture of court-room. The police was instructed to remain silent and do nothing.
The CJ somehow managed to escape from the court-room. After this incident, CJ wrote a letter to the then president, Farooq Ahmed Khan Leghari to deploy the army in the premises of Supreme Court to protect the judiciary. However, the army could not be deployed.
In December 1997, after the immense pressure of Nawaz Sharif, President Farooq Leghari resigned, as he had left with no power after the 13th amendment. Nawaz Sharif removed Justice Sajjad Ali Shah after the resignation of president. In his application, the former chief justice had pleaded that he was not being given pension and other incentives in accordance with normal procedure. He had requested the apex court in 2002 to direct the authorities concerned to release his privileges and pension.

Copyright Business Recorder, 2010

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