FEDERATION OF PAKISTAN vs KARAMAT ALI R — 2024 SCMR 1952 SUPREME-COURT

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FEDERATION OF PAKISTAN VS KARAMAT ALI R. 14(1a)---Supreme Court Rules, 1980, O. IV, R. 6---Federal Government, Provincial Governments and Ministries---Engaging private counsels to plead and conduct cases---Permissibility and legality---Counsel or the applicants argued that in light of judgment of the Supreme Court reported as Rasheed ahmad v. Federation of Pakistan through Secretary Ministry of Information, Broadcasting and National Heritage, Government of Pakistan Islamabad, etc. (PLD 2017 SC 121) the Federation as well as Ministries cannot engage a private counsel, and simultaneously the Provincial Government also cannot engage a private counsel as in the matter in hand a private counsel had been engaged and appeals had been filed through them---Validity---In the judgment referred there was no closure of door for engaging a private counsel, as there was a way mentioned in the said judgment for engaging a private counsel---Furthermore after insertion of Rule 14(1a) in the Rules of Business, 1973 ('the Rules'), the power to engage a private counsel by a Division had been enhanced, though the Division was bound to follow the procedure provided under Rule 14(1a)---attorney General for Pakistan ("aGP") apprised the Supreme Court with the record whereby the procedure had been adopted and complied with and the aGP also stated that there was no defect in engaging a private counsel---Supreme Court went through the case record cited by the aGP and found that the procedure provided in the Rules had been complied with---For filing a petition or an appeal before the Supreme Court the procedure for filing of an appeal is provided under Supreme Court Rules, 1980 and that is primarily filed through an advocate-on-Record ("aOR")---In present appeals the aOR had been appointed by the concerned Division in accordance with the Rules, therefore, there was no defect in filing the same---Present appeals had been filed correctly through aOR and aOR could instruct the counsel to appear---applications were dismissed.

FEDERATION OF PAKISTAN vs KARAMAT ALI R — 2024 SCMR 1952 SUPREME-COURT

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