Change of counsel: Supreme Court again rejects government plea

The Supreme Court on Tuesday once again turned down the government request to replace Kamal Azfar with Khalid Ranjha as its lawyer to plead the National Reconciliation Ordinance (NRO) review case.
As 17-member full court bench headed by Chief Justice Iftikhar Muhammad Chaudhry directed Additional Attorney General KK Agha to start proceedings of the case, ending deadlock on the change of counsel. On the insistence of KK Agha, the apex court gave two days to the federation and told him categorically to consult the government on change of lawyer.
Justice Chaudhry said that rules do not allow change of a lawyer in review cases. "If it is done, it would become a precedence for other similar cases," he observed. Azfar informed the court that the government has barred him from representation in the case and has not yet given fresh instructions in this regard.
KK Agha contended that the NRO review is an extraordinary case and under Article 10-A of the Constitution, the federation has a right to hire lawyer of choice. Justice Asif Saeed Khosa observed that a lawyer can be changed only in criminal cases with the consent of accused but this is an appeal for review and not a criminal case.
Justice Sair Ali remarked that the rules do not permit change of counsel in review appeals. The Chief Justice asked Agha to inform the government to make things 'easier and simple'. The bench noted that it has already passed an order as discussion on this issue for the last two days carries no weight. According to rule 6 of order 26, counsel can not be changed at the stage of review, it added.
The law, the bench noted, is quite clear and is in vogue since 1956 when the courts were created. Kamal Azfar had shown his availability but the court can not be pressed to change the rules only in one case, it added. The bench observed in its remarks: "Don't waste our time, otherwise, we will pass the order. If the counsel was not available this change could have been made or you could say that he was appointed advisor or his license have been cancelled then it was possible."
Agha insisted that no one can stop federation from changing the counsel upon which Justice Jawad S Khawaja asked him as to whether he was threatening the court that the federation would not let the case to move forward if permission was not granted for change of lawyer.
Kamal Azfar admitted before the court that the federation dose not want to proceed with this case. The purpose of his appointment as advisor to the prime minister was merely a delaying tactic. He was not given a car, accommodation or other perks. He wrote to the prime minister to visit flood affected areas but did not get any reply.
Agha submitted that he was unable to speak on non-specific directions from the federation, therefore, need 2-3 days to consult and persuade the federation to engage new counsel. Justice Javed Iqbal said that Khalid Ranjha can be allowed to assist Barrister Kamal Azfar in the case but he can not be allowed to represent the government as its counsel. However, on Agha's insistence, the Chief Justice adjourned the hearing till April 18, warning him that the bench will dispose of the case if things were at a standstill.