ISLAMABAD: Lawyer Makhdoom Ali Khan on Thursday refused to appear before the Supreme Court on the Interior Ministry’s behalf to plead the suo motu case (SMC) over the Quetta incident.
He made this decision while accepting the observations of top court’s judgement. Justice Qazi Faez Esa regretted that the government persisted to engage private advocates for no justifiable reason which must be stopped now. The court had observed that the federal and provincial governments have a host of law officers who are paid out of the public exchequer. Justice Esa had further held that the public exchequer is not there to be squandered and the state must protect the belongings and assets of the state and its citizens. “If a government contends that none amongst its law officers are capable of handling cases then the question arises why incompetent persons have been appointed. In such a scenario the public suffers twice. Firstly, they have to pay for incompetent law officers, and secondly, they have to pay again for the services of competent counsel the government engages,” the verdict stated.
Keeping in view the judgement issued a day ago, Makhdoom wrote a letter to the ministry in which he refused to further plead the case.
“Although I have some reservations on the top court’s judgment but I am bound to it and the same I conveyed the interior ministry through a letter,” he told Daily Times. “In so far as I am concerned I must abide by the judgment. It is, therefore, not possible for me to continue to appear for the MOI in the title case i.e. Objections filed by MOI to the Quetta Inquiry Commission Report of Mr. Justice Qazi Faez Esa. I accordingly recuse myself,” the letter stated. The Quetta Inquiry Commission had passed observations against the Interior Ministry after which Interior Minister Chaudhry Nisar had hired Makhdoom and challenged some portions of the report.
Meanwhile, Makhdoom also recused to appear on behalf of the Sindh government in advisors’ appointment.
According to him, reasons for recusal are the grounds of top court’s recent judgement. The counsel on Thursday recused when a three-member bench headed by Chief Justice of Pakistan Saqib Nisar took up the case for hearing. The court adjourned the hearing for date in office.