ISLAMABAD: A day ahead of hearing in the controversial armoured personnel carriers (APCs) deal for the Sindh police, a senior counsel who had a bitter exchange of words with the judges moved an application on Wednesday with a request that two members of a three-judge bench should withdraw from the bench.

“It is therefore prayed that the judges may consider the propriety of recusing themselves from the matter in question,” says the application moved by Irfan Qadir, who was representing the Sindh police before the Supreme Court.

Know more: SC annuls Sindh police’s APC contract

The applicant wants that Justice Jawwad S. Khawaja and Justice Ijaz Ahmed Chaudhry should not hear the matter rather withdraw from the bench.

At the last hearing on March 12, the Supreme Court had ordered the Additional Advocate General, Sindh, Miran Shah, to inform it how Irfan Qadir, who had a bitter exchange of words with the bench during the course of hearing, was representing the IG Sindh even though the provincial government was being represented by Senator Farooq Naek.

It also came to the notice of the court that there was no ‘wakalatnama’ (power of attorney) which authorised Mr Qadir to appear in the case. This led the court to observe how and on what basis he had been appearing before it, especially when the record showed that he appeared in 11 hearings – seven in Islamabad and four in Karachi – without any attorney.

The court had also asked the AAG to inform whether any payment of professional fees was made by the Sindh government or by the IG or any provincial department and if so, what amount was paid to Mr Qadir.

It also sought an explanation from Mr Qadir for how long the court will ignore such behaviour on part of a senior counsel, adding that the court had a feeling that problematic cases were deliberately given to Mr Qadir only to make mockery of the court.

In response, Mr Qadir filed an application not only seeking recusal of the judges but also stating that the court in its order had framed intriguing questions seeking explanation qua engagement of the counsel in the case.

“These questions have been framed over a non-issue after the applicant on March 11 only wanted the court to frame a precise question of law as regards to the matter at hand, which was out of pleadings,” the application stated.

At the most the court could have turned down this contention in its order of March 11 by a single sentence, but this was not done.

The applicant, the application alleged, had a strong feeling that an effort was being made to find a pretext to suspend his licence over a non-issue.

“In our country’s 68-year history such roving inquiry into the engagement/fee of a senior lawyer has, to the best of my knowledge, never taken place,” Mr Qadir emphasised.

He argued that the orders of March 11 and 12 did not make mention of facts in their correct perspective.

“Due to this unexpected and uncalled for unpleasantness the applicant seeks recusal of Justice Khawaja and Justice Chaudhry from the titled case,” the application said, adding that he was aware that he could not choose his own judge but had a right to object to a particular judge.

Mr Qadir expressed confidence that the judges would not insist on continuing with the hearing of the titled petition.

Condition of women in jails

In a separate development, a three-judge Supreme Court bench, headed by Justice Saqib Nisar, on Wednesday appointed rights activist Asma Jehangir to assist it as amicus curiae (friend of the court) on the condition of women languishing in prisons.

The bench, which had taken up a case relating to the lack of basic facilities for women prisoners in different jails of the country, also ordered the four provinces to submit a comprehensive report detailing the facilities available to female inmates.

The Additional Advocate General, Punjab, Razzaq A. Mirza, informed the court that 843 women had been imprisoned in different jails of the province, of which 61 were involved in heinous crimes, 172 have been convicted on different offences other than murder whereas the cases of 586 were still pending in courts.

The Additional Advocate General, Balochistan, Ayaz Swati, said that 27 women inmates had been lodged in different jails of the province and being provided necessary facilities. In addition, a jail exclusively meant for women is also being built in Balochistan.

The Additional Advocate General, Khyber Pakhtunkhwa, Waqar Bilour, informed the court that 175 women had been lodged in different jails, of which 41 were convicted whereas the cases of 134 were still pending in courts.

The court, however, cautioned that the Sindh chief secretary will be called if a comprehensive report on behalf of the province was not submitted on the next date of hearing, to be fixed after two weeks.

Published in Dawn, March 26th, 2015

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