ISLAMABAD: A parliamentary panel on Tuesday settled a financial audit para pending since 2018, acknowledging that the Secretary of the Law and Justice Division was empowered to approve any fee of the advocates whom the federal government had hired.
Public Accounts Committee’s sub-committee met on Tuesday to examine the Ministry of Law and Justice Audit Reports 2003-04, 2005-06, 2008,09 and 2009-10. Dr. Tariq Fazal Chaudhry convened the committee meeting.
In one of the cases, the Audit report alleged that the federal government filed a presidential reference before the Supreme Judicial Council (SJC) against the Chief Justice of Pakistan in 2007. The Law and Justice Division hired the services of two advocates, along with others, for prosecuting the reference.
The professional fee of Rs one million each was approved by the Prime Minister for Counsels. But both the counsels did not agree to this fee and sought Rs 6.6 million each.
The Law and Justice Division again submitted the case to the Prime Minister for an appropriate decision, with the remarks that a few preliminary hearings were conducted at the SJC level before the Supreme Court stayed the proceedings and finally struck down the reference. Resultantly, both the counsels had no further professional duties to perform.
Then Law Minister, on the advice of the Prime Minister, discussed the matter with the said counsels and got approvalof Rs four million each from the legal advisers’ committee without referring the case to the Prime Minister.
Audit observed that the payment of an excess fee amounting to Rs six million without the approval of the Prime Minister was irregular and unjustified. The overpayment of Rs six million needed to be recovered from the legal counsels or regularized by the competent authority, ie, Prime Minister, under intimation to the Audit.
In another case, the Law and Justice Division nominated a senior advocate in a case CP.No. 21/2007 – Chief Justice of Pakistan versus President of Pakistan and all connected petitions before the Supreme Court at a fee of Rs two million in May 2007.
However, the Advocate declined to accept this professional fee, which was enhanced to Rs four million with the approval of the legal advisers’ committee (LAC). A payment of four million was received and acknowledged by the senior advocate. However, the said senior advocate became Attorney General of Pakistan on August 2, 2007.
After becoming a member of the LAC by virtue of his appointment as Attorney General, the advocate moved a case claiming Rs eight million for handling the above-mentioned case. The LAC approved 6 million. Consequently, the advocate was paid an additional Rs two million.
In another case, the Law and Justice Division nominated a senior advocate as government counsel at a fee of Rs 4.2 million to defend the constitutional petitions (CP No. 73 to 75/07). In addition to the above, the nominated counsel, eight other lawyers were also engaged at a fee of Rs 500,00 each against the above cases. The Audit objected that the nomination of private advocates was not based on any assessed need; the terms and conditions of appointment were not settled at the time of nominations.
Law Minister informed the AGP office that a summary seeking ex-post facto approval of Rs 9.7 million was submitted to the Prime Minister’s Office in 2019. However, the Prime Minister’s Office directed to take up the matter with PAC that the Secretary of the Law and Justice Division, being the Principal Accounting Officer, was empowered to approve the expenditure in the light of the provision of relevant rules.
Copyright Business Recorder, 2025
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