ISLAMABAD, June 8: The district administration has pitted a relatively inexperienced prosecutor in the judges’ detention case against the defence counsel, which may benefit former military ruler General (retired) Pervez Musharraf.

While the defence counsel has over three decades of experience, police prosecutor Amir Nadeem Tabish is not even qualified to appear as a counsel at the high court as he is not enrolled with the Islamabad High Court (IHC) or the Lahore High Court (LHC) bar associations.

According to Chaudhry Mohammad Haseeb, secretary general IHC Bar, a lawyer cannot appear before the judges of the high court unless he is a member of a high court bar association and is enrolled with the bar council.

He said the court could initiate action against the lawyer for violating the lawyers’ code of conduct.

However, Mr Tabish was assigned to counter the post arrest bail of former military chief in the high profile judges’ detention case, which is currently pending in the IHC. The Islamabad administration appointed him last month after special prosecutor of Islamabad police Syed Mohammad Tayyab refused to pursue the case citing his mother’s ailment.

The case was registered against Gen Musharraf on August 11, 2009 on the complaint of a local advocate Chaudhry Mohammad Aslam Ghumman for confining over 60 judges of the superior courts after imposing an emergency on November 3, 2007. However, Mr Ghumman had later announced that he would not pursue the case ‘in the larger public interest’.

When the record keeper of IHC bar association was approached, he said advocate Tabish was not enrolled with the IHC bar.

On the other hand, Advocate Tabish claimed to be a lawyer of the LHC bar Rawalpindi division, but the record keeper of the said bar also denied his claim stating, “Amir Nadeem Tabish does not exist in our records and is not among our 3,000 lawyers.”

When asked for proof, Mr Tabish could not show any document supporting his claim except a notification issued by the district administration regarding his appointment as prosecutor in the judges’ detention case.

Taufiq Asif, president LHC bar Rawalpindi said he had never heard of Advocate Tabish and had not even met him. “I have certain reservation over the appointment of an unknown lawyer for this high profile case, while a number of practicing high court lawyers are ready to appear against Musharraf”, he said.

“It appears to be an agreement between the prosecution and Gen Musharraf to benefit the latter” he added.

Chief Commissioner Islamabad Jawad Paul, when contacted, said after police prosecutor Mr Tayyab expressed inability to appear in the case, the administration had referred the matter to the law ministry.

He said the ministry had recommended Mr Tabish and subsequently the notification for his appointment had been issued.

However, Raja Lehrasab, the ministry’s spokesman, said he had a number of assignments everyday and hence could not remember the matter in question.