April 11, 2003	Friday	Safar 8, 1424

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ISLAMABAD, April 10: Justice Tariq Mehmood, a former judge of the Balochistan High Court, who had to leave the judicial institution after he had expressed his views that the Election Commission had no mandate to hold presidential referendum, has approached the Supreme Court to direct the government that he should be given pension benefits as he had resigned as a permanent judge.

Justice Tariq (retired), in his petition under Article 184(3) of the constitution, stated that he became additional judge of the Balochistan High Court, on Aug 6, 2000, and was confirmed as judge after one year on Aug 5, 2001.

He said he resigned as a permanent judge on April 16, 2002, but was not being given any pension. The Supreme Court has not fixed his petition for hearing along with other identical petitions, filed by the retired judges who are seeking the same relief.

The difference between Justice Tariq (retired) and other petitioners is that they are all those who were elevated to the high court after serving as sessions judges, and he was a lawyer judge.

Under the rules, a judge who has not completed five-year period as judge of a high court is not entitled to pension benefits.

He contended that the remuneration and other terms of the judges are governed and regulated by Article 205 of the constitution and was entitled to pension. He relied on the Sindh High Court judgment on Ahmad Ali U. Qureshi, a former judge of the Sindh High Court.

Justice Tariq (retired) had resigned as member of the Election Commission, as according to him, the EC had no constitutional mandate to hold referendum to extend the tenure of president for five years.

Later, he also resigned as judge of the Balochistan High Court and is now practising law in the Supreme Court.

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