PTI govt in search of ‘suitable private counsel’ in Justice Isa case

Many prominent lawyers approached but all rejected to defend PTI government

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) led government is in search of a ‘suitable private counsel’ to plead its case against the Supreme Court judge Qazi Faez Isa.

Sources revealed to The Express Tribune that senior government functionaries have contacted few senior lawyers to represent the government before the apex court 10-judge full-court hearing Justice Isa and some other groups petitions against a presidential reference that seeks the judge’s removel.

A senior government official confirmed that prominent lawyers including Makhdoom Ali Khan, Aitzaz Ahsan and Dr Basit have shown unwillingness to appear on behalf of government in this case.

Sources said former attorney general Ashtar Ausaf Ali was also contacted but he also declined.  Some of the lawyers confirmed that they have been contacted by the government functionaries directly or indirectly but they have declined.

It was expected that PTI’s lawyer Ali Zafar would plead the case but sources close to him revealed that neither he was being contacted nor he was interested.  The sources said deliberations are still under way to engage suitable counsel in Justice Isa case.

Names of renowned lawyer Naeem Bukhari and others are still under consideration.  A senior law officer said the government legal team is competent enough to plead case against the SC judge and there is no need to engage private counsel.

Petitioners ask SC to adjourn Isa case

However, he said, both Attorney General for Pakistan (AGP) Anwar Mansoor Khan and Law Minister Farogh Naseem have been impleaded as a party by Justice Isa and, therefore, they may engage a private counsel for themselves.

“Engagement of a private counsel at this stage will not be useful when a 10-judge full court, led by Justice Umar Ata Bandial, has already conducted fifth hearing and Justice Isa’s attorney Muneer A Malik has already started his arguments,” he added.

However, the AGP and the law minister did not respond when asked about engaging a private counsel.

A senior lawyer said it is a highly controversial case and all superior bars are standing with Justice Isa.  Likewise, there is a perception about the establishment's involvement in the case. “That is why reputed lawyers avoid appearing in such matters,” he added.

However, he said, incumbent Law Minister Farogh Nasee, has the ability to contest this case very well. “Even his opponents praise his knowledge. Moreover, his practicing license was not suspended after he joined the cabinet. But it is debatable whether a minister can argue a case or not,” he said.

Justice Qazi Faez Isa in his submission questioned the law minister’s and the AGP’s ‘anti-democratic credentials’, adding that both had been ardent supporters of doctorial rule, which he had opposed and probably for this reason they are inimical toward him.

“These two gentlemen processed the purported complaint of the proxy Abdul Wahid Dogar and gave incorrect legal advice to the prime minister,” Justice Isa said in his submission.