Print Print edition: 2017-02-10

Advisers to CM: counsel recuses himself from case

Published February 10, 2017 Updated February 10, 2017 12:00am

A senior lawyer of Supreme Court on Thursday recused himself from further representing the Sindh government in a case pertaining to the appointment of advisers for Chief Minister Murad Ali Shah. Former Attorney General for Pakistan and senior lawyer of the apex court Makhdoom Ali Khan appeared before a three-member bench of the Supreme Court led by Chief Justice Mian Saqib Nisar during the hearing of a matter relating to appointments of advisers for the Chief Minister Sindh.
Makhdoom Ali Khan who was representing the Sindh government in the instant matter in a private capacity withdrew from representation in view of the apex court's judgement, released the other day, taking exception to the practice carried out by federal and provincial departments hiring services of private lawyers in different cases and paying huge sums from the national kitty as their fees.
"I don't want to be embarrassed and withdraw my services as a private counsel, representing the provincial government in the instant matter," Makhdoom Ali Khan informed the bench. Makhdoom Ali Khan, who is also representing the Prime Minister Mian Nawaz Sharif in the Panamagate case, submitted that keeping in view the recent judgement of the apex court, he cannot further represent the provincial government in the matter in hand.
Meanwhile, the court adjourned the case for date-in-office (indefinite period).
It is pertinent to mention that a three-member bench of the apex court led by Justice Dost Muhammad Khan, comprising Justice Qazi Faez Isa and Justice Faisal Arab, has issued a 19-page judgement in the case of Rasheed Ahmad, former chairman Pakistan Electronic Media Regulatory Authority (Pemra).
Justice Qazi Faiz Isa, while authoring the verdict ruled as to if the governments do not follow the order before engaging a private advocate then any statement made before a court or comments/written statement that are filed would not be binding on the concerned government.
The court further ruled that paying fee to such private advocates would constitute financial impropriety by the person who does so, on behalf of the government, subjecting him/her to disciplinary action in accordance with the applicable law. Meanwhile, another three-member bench of the apex court led by Justice Amir Hani Muslim while hearing the appeal of former Federal Minister for Religious Affairs Hamid Saeed Kazmi on Thursday issued directives to the Federal Investigation Agency (FIA) not to hire any attorney as a special prosecutor in a private capacity.
The bench also issued directives to those lawyers who had already received fees for representing the government departments in a private capacity to continue by appearing before the courts until the disposal of their respective cases but in future no lawyer could represent the government departments in a private capacity.
The court noticed during the appeal of Hamid Saeed Kazmi that the FIA had appointed a special prosecutor in the current matter. The court questioned under what law the FIA appointed a special prosecutor in a private capacity and sought explanation from Director (Legal) FIA.