Supreme Court of Pakistan issues notice to PM Imran Khan for attending political event
October 12, 2020
ISLAMABAD: The Supreme Court of Pakistan on Monday issued a notice to Prime Minister Imran Khan for attending a ceremony organised by a political party and utilising a public building "for a private function which apparently had no concern with the exercise of powers and performance of functions of his office, according to Article 248 of the Constitution."
In its written order, the apex court stated the observations of Syed Rifaqat Hussain Shah, an officer of the Supreme Court and the Additional Secretary, Supreme Court Bar Association of Pakistan, who said that the Advocate General Punjab, Awais Shah, should not involve himself in bar politics.
"But unfortunately, the learned AG continues to be actively involved in Bar politics and participated in a function held by a particular segment of the legal community to canvass support for their candidate in the upcoming elections of the Association and was in the forefront of the function held at the Convention Centre, Islamabad," wrote the court.
'Serious issues'
The apex court further noted that the matters highlighted by Rifaqat were "serious issues" relating to "the maintenance of the integrity of public offices and Fundamental Rights, including Articles 18, 25, 26 and the prescribed oath of office of the Prime Minister."
“The prime minister of Pakistan took votes from the entire country: he is prime minister of the entire country, not a particular group or party,” Justice Qazi Isa, who presided over the matter, said in the notice.
Attorney General Khalid Jawed Khan was also issued a notice by the court for assistance in this regard.
Justice Isa also expressed his displeasure with the advocate general of Punjab for skipping a case hearing to attend the Insaf Lawyers Forum programme, which had been organised at Islamabad’s Convention Centre on Friday.
"How did a political party use a government building for its event? Can the Islamabad administration inform the court whether a fee was paid to book the venue," he asked during the hearing.
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Notices issues to PEMRA, Convention Centre management
The apex court also issued notices to the Pakistan Electronic Media Regulatory Authority (PEMRA) and the authority that operates the Convention Center in Islamabad.
From the authority operating the Convention Centre, the apex court asked the following questions:
1. Who sought permission for the use of the Convention Centrein respect of the said function?
2 Who granted permission fortheuse of the Convention Centre?
3 Whether a bill was raised and payment made, and if so, by whom,for the use of the Convention Centre?
4 The answers to the aforesaid be submitted with supporting documents
The apex court asked PEMRA to submit a complete recording of the Insaf Lawyers Forum event, its transcript and "the [names[ of television channels which had broadcast the said function live,which had broadcast it later and how many times."
'Event was organised by lawyers'
"Does the office of the prime minister allow that they associate themselves with a particular party?" Justice Isa asked. "Did he [PM Imran Khan] attend the event as the prime minister?" he asked Additional Advocate General Punjab Qasim Chohan.
"The advocate general Punjab, instead of discharging his professional duties, was attending an event organised by a political party," he continued.
"Can a judge be allowed to attend an event organised by the panel of a political party? Can a judge do this: what does the law say about this?" he asked.
"The advocate general attended the event because it had been organised by lawyers," Chohan responded.
"You should tell me if the advocate general and the prime minister should have even been there," Justice Isa retorted. "Your answer may cost you your job, but [upholding] the law should be above your job."
"I am not a political appointee," Chohan responded. "I did not attend the event or watch a video of it, so I cannot respond to your questions [at the moment]."
"Can the holder of a Constitutional office misuse state resources?" Justice Isa continued, "Can this happen in the Islamic Republic of Pakistan?"
"You seem to be withholding your opinion on the matter. The Quran states that you should testify even if it be against your own parents," Justice Isa said.
"I am only here to represent the Government of Punjab. I cannot comment on [decisions taken by] the prime minister," Chohan said in response.
'Advocate general Punjab unfit for job'
Justice Isa said that he was referring the matter to the chief justice for suo motu notice.
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"Prima facie, it seems the advocate general Punjab is not fit to work in the province's interests," the court subsequently said in its notice. "The court should be assisted in answering the question whether the prime minister should have attended such an event. Does the prime minister's oath and the law provision for him to do so?"
"Can the prime minister attend a private event on the state's expense?"
The apex court subsequently issued notices to the prime minister, the attorney general, the advocate general Punjab and the Islamabad administration.
In the written order, the Supreme Court stated that since the advocate general himself was a party in the case, the person next in seniority to him should represent the Punjab government.
It also summoned the vice-chairman of the Pakistan Bar Council and the president of the Supreme Court Bar Association for its next hearing on the matter.
