The Supreme Court on Friday issued notices to the members of legal fraternity, including two judges of Islamabad High Court, who had represented Employees Old Benefit Institution (EOBI) in various cases. A two-judge bench comprising Chief Justice Mian Saqib Nisar and Justice Ijazul Ahsan was hearing the case of EOBI wherein millions of rupees were paid in violation of law to the lawyers to contest its cases in the Supreme Court and high courts. At the outset of the hearing, the Chief Justice inquired from deputy attorney general (DAG) who those lawyers are whom over Rs 40 million were paid as fees to defend EOBI in the courts.
DAG Sohail Mehmood said that EOBI had engaged the services of incumbent judges of IHC - Justice Athar Minhallah and Justice Mohsin Akhtar Kiyani - when they were practicing lawyers, and others lawyers to defend it in the courts. The DAG informed if there is no prior approval of Ministry of Law then the federal departments can't pay more Rs 100,000 fee to a lawyer.
The DAG said that Ministry of Law and Justice had engaged Makhdoom Ali Khan, Malik Abdul Qayyum and other senior lawyers to contest the EOBI cases. He said that Advocate Hafiz SA Rehman was paid Rs 1.8 million, Rasheed A Rizvi was offered Rs 2 milion but he refused and, therefore, Saiful Mulk was hired. He was paid Rs 999,000, while Khawaja Haris was paid Rs 6.5 million. He, however, said that their services were hired after the approval of chief solicitor of Ministry of Law and Justice.
Sohail told the court that Aitzaz Ahsan was paid Rs 2,053,000 in one case and ex post facto approval was obtained in that case; however, in another case in which he was paid Rs 1,880,000 fee, the EOBI didn't get the approval of it. He further informed the court that the EOBI also hired the services of Asma Jehangir against Rs 2 million, while the then lawyer Mohsin Akhtar Kiyani was paid Rs 600,000, the then lawyer Athar Minallah got Rs 850,000 and Gohar Ali Khan Rs 300,000.
The Chief Justice said that all those payments made to the advocates as fee by the EOBI without seeking permission from the Law Ministry were illegal and unauthorized. The court directed such lawyers to appear before the court and answer whether they were entitled for that amount or the fee paid to them was in violation of law. The court, however, ordered that no notice be issued to the legal heirs of Asma Jehangir. Sohail said two lawyers who were paid fee from the EOBI funds were elevated to the high court. The Chief Justice remarked: "Only rule of law will prevail." The case was adjourned till next week.
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