Post-AGP exit: Who will plead presidential reference against Justice Isa?

Govt seeks adjournment of case for three weeks

ISLAMABAD: After the resignation of Anwar Mansoor Khan as the attorney general for Pakistan, a debate has started over the fate of the presidential reference against Supreme Court judge Qazi Faez Isa over non-disclosure of his family’s properties.

Senior lawyers believe that the former AGP’s unwarranted statement severely damaged the government’s case. A senior lawyer said Anwar’s remarks had done what Justice Isa’s legal team could not in the last five months.

Since October 2019, a 10-judge full court remained visibly divided on different law points and a few judges questioned the maintainability of the petition in view of Article 211 of the Constitution. But it was witnessed during the last hearing that the bench unanimously gave a tough time to the former attorney general and questioned the government’s contentions in the presidential reference against the SC judge.

Anwar Mansoor Khan resigns as AGP

Likewise, leading judge Umar Ata Bandial also remarked that the government’s contention about violation of Section 116 of the Income Tax Ordinance has already been thrashed out by the petitioners’ side.

Now, discussion has started whether the former AGP’s “forced resignation” would be enough to control the damage. It is learnt that on the direction of Prime Minister Imran Khan, the law ministry has initiated a summary regarding the appointment of Khalid Javed Khan as the new AGP.

A senior government official said Khalid was the best choice in the prevailing situation as his appointment would send a good signal to the superior judiciary, which was already upset over Anwar’s uncalled-for comments. His name has also been proposed by the country’s top functionary.

The official said Premier Imran already held a meeting with Khalid. The purpose of his appointment is to maintain a good relationship with the judiciary as well as early disposal of financial matters pending in the superior courts for many years. The prime minister was also upset with the former AGP over his failure to pursue financial matters, he added.

However, the official said Khalid would not argue the presidential reference as he already in the past expressed his opinion in favour of Justice Isa. It is also learnt that one petitioner bar had also contacted him to argue over the presidential reference.

The official says that the government may depute any other senior law officer to argue its case.

Likewise, Law Minister Dr Farogh Naseem is already well prepared to plead the case.

“In the prevailing situation, it is not easy for the government to argue the case. There is a need to take confidence building measures to make smooth relationship with the bench and the bar,” he added.

A senior PTI leader says that he is against the filing of references for the removal of judges. “We should learn a lesson from history.” He also alleged that one government functionary is responsible for creating this mess, saying that his wrong advice put the government’s relationship with the bench and the bar at a low ebb.

Pakistan Bar Council Vice Chairman Abid Saqi told The Express Tribune that they have been officially told that the government is not filing a reference against Peshawar High Court Chief Justice Waqar Ahmed Seth.

The federal government on Friday sought three weeks adjournment in Justice Isa’s case.

Govt seeks three weeks adjournment in Justice Qazi Faez Isa case

An application in this regard was moved by Additional Attorney General Ch Amir Rehman in the Supreme Court.

The full court hearing is fixed for February 24. The application requested the SC to adjourn the case for three weeks so that the government could appoint a new AGP, who may require time to prepare for the case.

It is learnt that the government is still not interested in withdrawing the reference but it will try to keep the matter pending till the tense atmosphere with the judiciary ends. It is also likely that the new AGP may give his opinion to the government about the withdrawal of presidential reference, suggesting that first, the FBR should send a notice to the SC judge’s spouse over non-disclosure of assets.

However, a senior lawyer believes that now the apex court would try to dispose of the judge’s case at the earliest.