More than a month has passed since February 23, 2017 when the Panama hearings concluded and the judgment was reserved by Justice Asif Saeed Khosa-led five-member Supreme Court bench.
With all eyes set on the verdict that is expected to come in the first week of April, Pakistan Today ventured to investigate the internal rifts in the Pakistan Tehreek-e-Insaf (PTI) over selecting a new counsel after Advocate Hamid Khan recused himself on October 18, 2016 from representing the party before Justice Jamali-led bench back in November 2016.
Advocate Hamid, vice president of the Pakistan Tehreek-e-Insaf, was the first choice of the party to plead on its behalf. However, the senior lawyer was in the eye of storm from both the bench and media as he began his arguments and thus lasted less than two weeks on the case before recusing himself citing ‘media trial’ that surrounded him. On November 21, 2016, Advocate Naeem Bukhari was appointed as PTI’s counsel.
“I’ve told Imran Khan that prayers have led us so far, about time that we bring in a real counsel for the Panama case,” said a senior PTI leader from Punjab on condition of anonymity. ‘Mr Hamid is one fine constitutional expert and lawyer, however, the way he was representing PTI’s stance in Panama wasn’t up to the mark. Inside the party cadres, there was much apprehension about his performance before the bench,” he said.
However, “before any official decision was made, Hamid Khan recused himself from Panama case,” he said. PTI Chairman Imran Khan himself has admitted in an interview that his party had contacted Barrister Aitzaz Ahsan to fight the case. However, Aitzaz refused to represent PTI in the case, citing personal reasons.
Some observers believe that Aitzaz Ahsan was pressurised from his own party – the Pakistan People’s Party (PPP) – not to represent a politically-charged case where PTI was pitted against the ruling party – the Pakistan Muslim League-N (PML-N) – in a no-holds barred confrontation. “It was almost decided that Advocate Babar Awan will represent PTI in place of Hamid Khan and the announcement was to be made,” according to another (PTI) insider.
He said that the young lawyers of the party and many senior members also welcomed the suggestion. “We were all set to form a legal team headed by Mr Babar Awan to pursue the case in a thoroughly professional way as it is one of the most important cases. But one fine morning, we heard the news that Advocate Naeem Bukhari has been selected in place of Mr Babar Awan to replace Mr Hamid Khan,” he said.
It should be kept in mind that later on, even PML-N changed both its counsels – Salman Aslam Butt and Barrister Akram Sheikh. Makhdoom Ali Khan was brought in place of Salman Aslam Butt, while Barrister Akram Sheikh – who was representing Maryam Nawaz, Hussain Nawaz and Hassan Nawaz – recused himself before the new bench under Justice Khosa started hearing petition from January 4, 2017.
Salman Akram Raja represented both Hassan and Hussain, while Maryam, Muhammad Safdar and Finance Minister Ishaq Dar hired Advocate Shahid Hamid as their counsel.