Justice Qazi Faez Isa case: Attorney general recuses from representing government

ISLAMABAD: The newly-appointed Attorney General for Pakistan, Khalid Javed, on Monday recused himself from representing the federal government in the presidential reference filed against Justice Qazi Faez Isa. Javed said he had already given his opinion in the case and therefore he could not pursue it on behalf of the Federation.

A 10-member full court, headed by Justice Umar Ata Bandial, resumed hearing of a set of identical petitions, challenging the presidential reference filed against Justice Qazi Faez Isa, accusing him of concealing his properties in the United Kingdom allegedly held in the name of his spouse and children. Justice Maqbool Baqir, Justice Manzoor Ahmed Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi and Justice Muhammad Qazi Amin Ahmed are the other members of the bench.

The government appointed Khalid Javed as the new Attorney General for Pakistan after former AGP Anwar Mansoor Khan stepped down on the demand of Pakistan Bar Council for his controversial statement before the full court. At the outset, Javed appeared on the rostrum and said he had the highest regard and respect for the apex court and was determined to protect the independence of the judiciary and supremacy of the Constitution. The attorney general saidif he found anything doubtful, the court will not see him here as well. He said Additional Attorney General Aamir Rehman, who had been assisting the AG office since the inception of the instant proceedings, had been recommended by the government to represent the federation before the apex court. It is pertinent to mention that Aamir Rehman the other day filed an application with the apex court seeking adjournment for three weeks in the instant matter, as the government was appointing a new attorney general.

On Monday, the court while accepting the federation’s request, adjourned the case and ruled that it will be fixed for hearing in the week commencing from March 30. Federal Minister for Law and Justice Farogh Naseem who is also a respondent in the instant case, also appeared before the court and submitted that he would be appearing in-person before the court and sought permission to represent the federation as well.

Vice-Chairman Pakistan Bar Council Abid Saqi and President Supreme Court Bar Association Qalbe Hassan objected to the request of the law minister and informed the court that the law practicing license of the federal minister had been cancelled adding that he should first relinquish as federal minister for law for the restoration of his licence. Abid Saqi, the PBC Vice chairman, informed the court that he had also filed a contempt petition against Federal Minister Farogh Naseem and former attorney general Anwar Mansoor Khan but the petition was yet to be numbered. Saqi pleaded the court that his petition should also be heard. He recalled that the apex court had convicted a prime minister in contempt of court case adding that if an elected prime minister was sent home in the contempt case then nobody had the immunity.

Justice Umar Ata Bandial told Saqi that his petition will be numbered observing that they did not get his petition but they knew the statements he had given for independence of the judiciary. Justice Bandial further said the court had no objection to fixing the contempt petition for hearing but proceedings should not be carried out on mere suspicion. In this respect Justice Umar Ata Bandial cited Surah Al Hujarat of the Holy Quran stating that in the said Surah it was clearly mentioned that suspicion was a sin and spying was the bigger sin.

Justice Bandial also sought his excuse for speaking loudly during the last hearing adding that he came to know through newspapers that he spoke in high pitch. “This happened unintentionally but we should control our passions,” Justice Bandial added.

Meanwhile, Federal Minister for Law Farogh Naseem said he will be appearing in another case may be from 20 to 25th March and requested the court not to fix the instant hearing during this period. Justice Qazi Muhammad Amin asked Farogh Naseem if after resigning as a federal minister for the law will he be appearing before the court on behalf of the federal government. Farogh Naseem replied that if the court did not allow him to represent the federation then he will be appearing in his personal capacity. Justice Umar Ata Bandial told the law minister that the court had no objection if he appeared before it in his personal capacity but he would have to get his license back if he wanted to represent the federal government.

Meanwhile, the court directed the government to hire a counsel for pleading its case and told the additional attorney general that if a counsel was not hired then he will have to argue the case.

During the course of proceedings, Abid Saqi submitted that they had no personal enmity with anyone but it is a matter of public rights as well as the dignity and respect of the court. The most important aspect of the instant case is that there had been surveillance of judges and their family members which is against the norms of morality. “We should not remain silent as the bar has always acted for the welfare of the people,” Saqi submitted.

Later, the court adjourned the hearing.