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The engagement of Private Counsel by the Government is legally justified under Rule 14(1A) of the Rules of Business, 1973 --- Supreme Court of Pakistan

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The engagement of Private Counsel by the Government is legally justified under Rule 14(1A) of the Rules of Business, 1973 --- Supreme Court of Pakistan

Islamabad 28-08-2024: In a significant ruling, the Supreme Court of Pakistan has dismissed applications challenging the Government's decision to engage private legal counsel for representing various ministries in ongoing appeals. The case, which involved a larger bench of the Supreme Court, addressed the contentious issue of whether government entities can hire private counsel despite the availability of the Attorney General and his team.

The applications, filed under CMA Nos. 597 and 598 of 2024, sought to restrain the Government from using public funds to engage private lawyers. The applicants argued that the Government's approach of allowing each ministry to file separate appeals, instead of consolidating them under the Attorney General, was not only imprudent but also led to unnecessary delays and potential misuse of resources.

The Court, however, found that the engagement of private counsel was legally justified under Rule 14(1A) of the Rules of Business, 1973. This rule permits a government division to engage a private lawyer for compelling reasons, subject to approval by the Law and Justice Division and in consultation with the Attorney General.

The bench, which included Mr. Justice Amin-ud-Din Khan, Mr. Justice Jamal Khan Mandokhail and Mr. Justice Shahid Waheed, among others, noted that the legal issues involved in the appeals were highly complex, with significant implications for public interest, particularly concerning constitutional and international human rights law. The Attorney General had admitted that while he was proficient in criminal law, the intricacies of the legal matters required specialized expertise, justifying the need for private counsel.

The judgment also reaffirmed the procedural integrity of the appeals filed by the government entities through Advocates-on-Record, as mandated by the Supreme Court Rules, 1980. The Court cited the case of “Rasheed Ahmed v. Federation of Pakistan” [PLD 2017 SC 121], which set out the conditions under which private counsel could be engaged.

In conclusion, the Supreme Court ruled that there was no procedural defect in the Government's actions and that the applications were devoid of merit. The dismissal of these applications allows the Government to continue with its chosen legal representation, ensuring that the complex legal issues at hand are addressed comprehensively.

This ruling underscores the Court's recognition of the importance of specialized legal expertise in cases involving substantial public interest and legal intricacies, while also reinforcing the procedural safeguards necessary for the engagement of private counsel in government cases.