Latif Khosa, back in black
Counsel for the government Latif Khosa, had earlier requested the bench for more time, stating that he needed time to prepare. Speaking to the media after the hearing, Khosa said that he was 'happy' to be back in a black coat. He refused to comment on the case, saying everything would be decided in future court hearings.
Earlier, the Supreme Court had directed the government to file a petition for the appointment of the counsel, saying that it cannot verbally allow Latif Khosa to plead the review petition.
These observations were made during the hearing of the NRO review case which is currently underway in the Supreme Court.
Khosa had earlier presented a letter from former Defence Counsel Kamal Azfar in the court. The letter stated that as Azfar has been appointed as the prime minister's adviser, Khosa should be appointed as the lawyer in the NRO review case.
The chief justice also said that the supreme court's orders were still being defied. Justice Javed Iqbal said that the government has got no way out to avoid the implementation on the NRO verdict.
Updated from print edition (below)
Hearing resumes
Apparently short of options, the beleaguered PPP government has chosen a firebrand Latif Khosa from among its legal eagles to represent it (federation) on Wednesday (today) before the 17-member bench of the Supreme Court, that is all set to take up high-profile NRO-related cases implicating President Asif Ali Zardari and many others holding key portfolios in the current dispensation.
After scratching their heads for two days, top functionaries including the president, prime minister and their legal wizards shaped a ‘reformed’ strategy under which the government will limit its battle fronts and concentrate solely on the judicial one in the coming days.
Highly-placed sources said under the new strategy, the government can take some important administrative measures to fulfill some of the demands from powerful quarters in the next few days but will ‘aggressively’ face the court.
“We have some other options to tackle the hyper-active judiciary … it will be premature to disclose them right now … our reaction will be subject to the mood of the court,” a source privy to the developments remarked, indicating that the government could opt for defiance in the event the court issued harsh orders.
“Though the presidential camp is bent upon confronting the court, the ‘benign’ premier (Gilani) is still insisting on not going to an extreme extent,” sources close to Tuesday’s important meeting between the President and Prime Minister that was later joined by Latif Khosa, said.
Khosa, a former attorney general, volunteered himself and tendered resignation as adviser to the PM to appear before the apex court on Wednesday (today) to represent the government.
The choice of Khosa for the delicate task of defending the government in the NRO review and its compliance cases is likely to kick up another controversy since the apex court had twice before categorically refused to hear him, saying that public office holder cannot represent the government in the court of law.
Moreover Khosa was removed as attorney general on the orders of the court since he himself was an accused in the Bank of Punjab scam.
Newly-appointed NAB chairman Justice (retd) Deedar Hussain Shah on Tuesday submitted a report pertaining to the current status of NRO cases, saying that no money or the movement of money in the name of the President could be traced. This reply is also unlikely to pacify the court since it had been insisting the government to write a letter to the Swiss authorities to reinitiate cases against the President. The court had ordered action against former attorney general Malik Qayyum who had written a letter to the Swiss attorney for shelving of the cases. The court had also ordered the NAB to inform it about the covert accounts maintained in other countries.
Earlier, Sardar Latif Khosa resigned from the slot of adviser to the PM in a crucial meeting with the president and the premier to overcome a legal hitch that an adviser cannot represent the government as its attorney.
Secretary Cabinet Division Abdul Rauf Chaudhry confirmed to The Express Tribune that the notification regarding Latif Khosa’s resignation has been issued. “On the directions of Prime Minister Yousaf Raza Gilani, Mr Khosa tendered his resignation,” he said quoting the content of the notification.
On Tuesday Advocate on Record (AoR) Raja Abdul Ghafoor could not file the review petition against the court’s verdict in which it rejected the government’s plea seeking more time to find a replacement of Kamal Azfar.
Federation’s three-page plea, to be filed today urges that the larger bench should take up the plea rather than the three-judge bench, which on Monday said no more time-buying will be allowed to the government in this case. Analysts consider such a plea as another attempt to delay the matter, may be for the time being, a strategy the government has been pursuing for months now.
The AoR told The Express Tribune that the plea could not be filed due to non-payment of review’s security fee amounting to Rs10,000 in the Supreme Court on Tuesday, which was apparently a tactic played by the government.
Attorney General Maulvi Anwar-ul-Haq will assist Sardar Latif Khosa during the hearing of the whole case. Adviser to the PM Kamal Azfar may also appear before the court to explain the position of the government to buy more time.
Published in The Express Tribune, October 13th, 2010.
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