Reference against Justice Isa: AGP says he cannot represent govt due to 'conflict of interest'

Newly-appointed Attorney General for Pakistan Khalid Jawed Khan has declined to represent the federal government in the Justice Qazi Faez Isa's petition against the presidential reference.

The bench will hear the Pakistan Bar Council's (PBC's) contempt petition against the ex-AGP and incumbent Law Minister Farogh Naseem, for the "contemptuous" remarks passed by Anwar Mansoor against the members of the larger bench.

A 10-member larger bench, headed by Justice Umar Ata Bandial, is hearing identical petitions challenging presidential reference against Justice Isa for allegedly not disclosing his foreign properties in the wealth statements.

Besides the apex court judge, the PBC, the Supreme Court Bar Association (SCBA), the bar councils and associations of the Punjab, the Sindh and the Balochistan, Abid Hassan Minto, and IA Rehman had also challenged the presidential reference against Justice Isa.

As Khalid Jawed came tells the rostrum, Justice Bandial welcomed him, saying; "Welcome back to the court, attorney general. You were occupying this office in 2018 as well."

AGP Khalid Jawed filed an application, saying that he cannot represent the federal government due to conflict of interest, as he has given his views about the reference earlier.

He sought time for the new counsel and his preparation.

Justice Bandial said the federation needed a lawyer who could fully focus on the case.

As Additional Attorney General Chaudhry Amir Rehman, who has been hearing this case regularly, therefore, should argue the case.

Khalid Jawed informed the court that he and Law Minister Farogh Naseem would be out of the country from March 15-20th therefore the court could fix the hearing for March 24. Justice Bandial said that as one of the members of the bench would not available in that week therefore the court would hear it from March 30th.

The law minister told the court that since he had been pleaded respondent in the petition, then he be allowed to make submission in this regard and also on behalf of the federation.

Justice Bandial said, "you are welcome".

Justice Qazi Amin asked Farogh Naseem that you would have to relinquish charge as law minister.

Farogh Naseem stated that he had requested the bench and sought its permission.

"I am in the court's hands, and would do whatever the court guides me to do."

The SCBA President, Syed Qalb-i-Hassan, contended that since Farogh Naseem had rejoined the Law Ministry therefore his practicing licence had been suspended as per Rule 108 (O) of the Pakistan Legal Practitioners and Bar Councils Rules, 1976.

He cannot appear as an advocate in any court to plead.

He can do so only if he leaves the office of the Federal Law Minister and gets permission of the PBC for restoration of the operation of his practicing licence.

Vice-Chairman PBC Abid Saqi said that a contempt petition has been filed against ex-AJP and the law minister, but it is not before the bench today (Monday) as it is not numbered.

The bench ordered the SC office to number it and be fixed on the next date with Justice Isa's case.

The judge asked the PBC chief to forgive the law minister.

However, he asked Abid Saqi that if he had solid evidence then the court would hear him.

The Vice-chairman PBC argued that he had no personal grievance or enmity with anyone, adding he had filed the petition for the independence of the judiciary.

"I have filed the petition as judicial contempt committed on the face of the court."

He said spying of judges had been accepted time and again and in this case covert surveillance was done, which was illegal and unethical.

He added, "The bar [PBC] has been struggling to protect the fundamental rights for the last 34 years."

He said when the prime minister could be sent packing because of contempt of court then no one should be spared.

Justice Bandial said that the judiciary was sanctified.

"We have to live in this world and face criticism."

Justice Maqbool Baqir told the PBC vice-chairman that the bench was also concerned about the issue, which he had raised.

The attorney general said he was also for the independence and integrity not only of the judges but of the judiciary, adding if ever there will be any suspicion regarding it I would not remain as AGP.

In a statement, the SCBA President, Qalb-i-Hassan, said Farogh Naseem had attempted earlier to divide judiciary and was now trying to divide the legal fraternity.

"All his efforts to undermine the independence of judiciary and independence of the bar will be resisted by the people of this country in a fearless manner."

The case was adjourned till March 30th.