SC objects to PM appearance at lawyers confab

Takes suo motu notice of use of Islamabad Convention Centre for PTI lawyers function

ISLAMABAD:

The country’s top court has taken suo motu notice of Prime Minister Imran Khan’s participation in a lawyers’ convention organized by the ruling PTI’s legal wing last week for canvassing for its candidates at the upcoming Supreme Court Bar Association (SCBA) polls.

The court has also issued notice to the premier for allowing use of a public property – Islamabad’s Convention Centre – for a private function – the lawyers’ convention.

Prime Minister Imran Khan on October 9 addressed the Justice Convention at Islamabad’s Convention Centre, organized by the Insaf Lawyers Forum (ILF) – the legal wing of the ruling party.

The convention was organized apparently to counter the Pakistan Bar Council (PBC)-hosted all parties conference (APC) which was held on September 17 and in which senior opposition leaders – including PML-N President Shehbaz Sharif and PPP Chairman Bilawal Bhutto – had taken part.

 A division bench of the Supreme Court, headed by Justice Qazi Faez Isa, on Monday took exception to the premier’s participation in the event while hearing a property case.

The bench latter issued a four-page written order asking the Supreme Court registrar office to refer the matter to the chief Justice of Pakistan for formation of a bench.

The order said: “Notice be also issued to PM Imran Khan, since the utilization by him of public building [Convention Centre] was for a private function which apparently had no concern with ‘the exercise of powers and performance of functions’ of his office (in terms of Article 248 of the Constitution).”

The court also issued notice to the Attorney General for Pakistan (AGP) in terms of Order XXVII-A of the Code of Civil Procedure for interpretation of the provisions of the Constitution and the Legal Practitioners and Bar Councils Act 1973.

The bench asked the law officers and all concerned to come prepared to dilate on whether a public building and the public offices of the prime minister and the Punjab advocate general can be used for personal or the political purposes of the political party to which they belong.

“The authority which operates the Convention Centre, Islamabad be sent notice to submit its report as who sought permission for the use of the Convention Centre in respect of the said function?”

The court also asked who granted permission for the use of the Convention Centre and whether a bill was raised and payment made for the use of the Convention Centre. “The answers to the aforesaid be submitted with supporting documents,” the order noted.

The court also sent notice to the Pakistan Electronic Media Regulatory Authority (Pemra) and asked it to submit complete recording of the said function, a transcript of the above and details of the television channels “which broadcast the said function live, which broadcast it later and how many times.”

The court also issued notice to the PBC, the SCBA and the Punjab Bar Council to assist in the matter as “it also appears to involve the integrity of bar elections and of the office of the Punjab Bar Council AG/Chairman.”

The court also asked its office to prepare a separate file; number it in respect of this matter and to place it before the chief justice of Pakistan for constitution of an appropriate bench to hear the case.

What happened earlier?

It all started when a petitioner in a property dispute case requested the SC bench to adjourn hearing of the case in view of the fact that his former lawyer Ahmed Awais has been elevated as the Punjab advocate general and now he needs more time to look for some new counsel.

To confirm this development, the bench summoned Punjab Additional Advocate General (AAG) Qasim Chohan and asked him as to when Ahmed Awais was appointed as Punjab top law officer.

When the AAG told the bench that he was appointed to the post on 29 July, the court noted that there was more than sufficient time for the petitioner to engage another counsel.

SCBA Additional Secretary Rifaqat Hussain Shah told the bench that Ahmed Awais should not get involved in bar politics after his appointment as Punjab advocate general.

“However, unfortunately, the learned AG continues to be actively involved in bar politics and participate in a function held by a particular segment of the legal community to canvass support for their candidate in the upcoming elections of the association (SCBA)

“[He] was in the forefront of the function held at the Convention Centre, which was broadcast on all television channels where he can be seen sitting with the prime minister of Pakistan,” he said. 

Shah contended that the prime minister of Pakistan is the prime minister of each and every citizen and cannot align himself with a particular group and all the more so in a function which is held in a public venue and paid for by the taxpayers.

The order noted that the concerns expressed by Rifaqat Hussain Shah involved serious issues, including the maintenance of the integrity of public offices and the fundamental rights, including Articles 18, 25, 26 and the prescribed oath of office of the prime minister.

“Since the matter appears to be of ‘public importance with reference to the enforcement of any of the Fundamental Rights’ in terms of Article 184(3) of the Constitution of the Islamic Republic of Pakistan (‘the Constitution’) this court accordingly takes notice,” the order said.