December 3, 2003	Wednesday	Shawwal 8, 1424

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ISLAMABAD, Dec 2: The Supreme Court observed on Tuesday that it is not empowered to legislate and the Constitution only authorized the apex court to interpret constitutional provisions.

Before reserving its judgment on an appeal of the federal government, against the Federal Shariat Court judgment in which it had struck down the categorization of pensioners into old pensioners and new pensioners, the Supreme Court’s Shariat Appellate Bench made it clear to the pensioners that it had no powers to direct the government to raise the pensions.

The judges, one after the other, observed that there was no violation of law if classification of pensioners was made.

The bench consisted of Justice Nazim Hussain Siddiqui, Justice Javed Iqbal, Justice Tanvir Ahmed Khan, Justice Dr Allama Khalid Mehmood and Justice Dr Rashid Ahmed Jullundhari.

The government had challenged the FSC decision on the ground that the Federal Shariat Court had gone beyond its jurisdiction when it declared that categorization of pensioners was against the Islamic principle of Adal (justice) and Ehsan (kindness).

Attorney-General Makhdoom Ali Khan stated that reasonable classification was permitted in the Constitution, and the state was not discriminating old pensioners.

He said the pension was calculated on the basis of last drawn salary and the principle was being strictly followed.

He further argued that the FSC had transgressed its jurisdiction when it declared the classification of pensioners into different categories, as un-Islamic.

The petitioner I. A. Sherwani, on whose petition, the FSC had given the judgment, said the old pensioners were only demanding indexation of their pensions with those of new retirees of equivalent rank/grade as was the normal practice internationally.

He argued that if the salaries of the government employees could be raised on the basis of increase in prices of daily used items why the same principle could not be applied in the case of pensioners who were in dire need of help.

Justice Siddiqui, head of the bench asked the petitioner to point out a law provision under which the Supreme Court was empowered to raise salaries and pensions.

The court asked the petitioner to conclude his arguments, after he made a statement that justice was more important than the law, and he cared less for law if it came in the way of dispensation of justice. The elderly petitioner soon vacated the rostrum.

Lt-Gen Faiz Ali Chishti (retired) made a short speech. He said he was representing the “down trodden pensioners” as they were dying of hunger.

Mr Chishti said he had been elected president of Ex- Servicemen Association “unopposed” four times, and where ever he goes, he was asked why Supreme Court was delaying its decision on the government’s appeal.

He said when he joined commission before the creation of Pakistan, he got initial salary equal to ten tola gold. When he retired as Pakistani General his last drawn salary was equal to two tola gold.

Justice Javed Iqbal, asked him, what he had done for the pensioners when he was in power. The retired general said he tried, but failed. He asked the court not to delay its decision any more. The court reserved its judgment.