Review Case: Last chance to argue for the NRO, SC warns govt

SC once again shoots down federation’s arguments for substituting lead counsel Kamal Azfar with Dr Khalid Ranjha.

ISLAMABAD:

The Supreme Court has once again shot down the federation’s arguments for substituting its lead counsel, Kamal Azfar with Dr Khalid Ranjha, to argue at the review of the National Reconciliation Ordinance (NRO) case.

Chief Justice Iftikhar Muhammad Chaudhry cautioned Additional Attorney General (AAG) KK Agha that the court would dispose of the petition seeking a review if Azfar does not argue the case at the next date of hearing. The 17-member full court bench headed by the chief justice has advised Agha to argue the case to end the stalemate between the federation and the apex court over the change of counsel. The court granted him two days’ time and asked him to consult the federation. “Rules do not permit the change of counsel for a review. A precedent will be set if permission is granted in this instance,” the chief justice observed. Azfar informed the court that the federation has asked him not to represent it in this case but has not yet given further instructions.

Agha contended that the NRO review is of extraordinary importance and under article 10-A of the Constitution, the federation has the right to engage the lawyer of its choice. Justice Sair Ali remarked that nobody has barred the federation from engaging a lawyer of its choice but the rules do not allow for a change of counsel in a review appeal. “The counsel may only be changed in criminal cases with the consent of the accused, but this is an appeal for a review of the NRO verdict,” Justice Asif Saeed Khosa observed.

The chief justice asked Agha to advise the government not to complicate the issue. The 17-member bench has already passed an order. The request for a new counsel is being debated for the past two days. According to rule 6 of order 26, the counsel cannot be changed at the review stage. The rule was made in 1956 when the courts were set up.  Kamal Azfar himself informed the court that he was available. At Agha’s insistence that the federation cannot be restrained from changing the counsel, Justice Jawad S Khawaja questioned whether he was threatening the court that the federation would not let the case proceed if permission were not granted. There were more than 18 lawyers in the 18th amendment case representing the federation but only the lead counsel would appear for the review.

Agha submitted that he requires two to three days to persuade the federation to engage him as the counsel. Justice Javed Iqbal suggested that Dr Ranjha be allowed to assist Azfar. Agha however asked for more time. Kamal Azfar submitted before the court that the federation does not want to proceed with this case.





Published in The Express Tribune, April 13^th, 2011.