ISLAMABAD, March 2: A DawnNews team had on Monday a rare fly-on-the-wall opportunity when it tiptoed into a behind-the-scenes law ministry meeting and caught on camera aspirants for various posts in the judiciary putting pressure on the law minister who responded by arguing that the government has to “accommodate so many other people to run the government”.

Federal Law Minister Farooq H. Naek was in conversation with a group of lawyers belonging to the People’s Lawyers Forum, which is supporting President Asif Ali Zardari and opposing the lawyers’ long march, and the main talking-point was appointments in the judiciary.

The president had recently appointed 16 judges in the Lahore High Court and 13 judges in the Sindh High Court.

Many unguarded remarks were being made. The lawyers were forcefully arguing for the appointment of a certain judge and criticising the appointment of others.

Mr Naek was drawing the attention of the lawyers towards what he described as the compulsions to run the government.

“Now, what should I tell you sitting here? There are so many compulsions. We have to accommodate so many other people to run the government,” said a visibly defensive law minister as the cameras rolled.

The law minister repeatedly asked the lawyers to be circumspect in the presence of the media, but over-enthusiastic lawyers continued their tirade against some recently-appointed judges.

As the law minister told a participant, Advocate Naseem Kashmiri, that the latter was at the top of the list of contenders before being dropped for almost touching the age limit, the minister was interrupted by other lawyers and informed that Justice Habibullah Shakir, recently appointed in the Lahore High Court, also neared the prescribed age limit.

“There were different reasons for the appointment of Habibullah Shakir that I will tell you later. Let me admit here that it was an exception created,” said Mr Naek, adding that he was already the target of criticism and attack in parliament.

Advocate Kashmiri referred to the appointment of the chairman of the National Industrial Relations Commission, a body authorised to settle labour disputes and hold referendums in organisations having presence in more than one province. The law minister expressed his helplessness, pleading that the NIRC did not fall under his ministry but under the federal ministry for labour and manpower, headed by Khurshid Shah.

“I had talked to Mr Khurshid Shah but he did not agree with me...You people must meet Khurshid Shah. If he is People’s Party, you are also People’s Party. You should go and please meet him and kindly don’t blame me for everything,” said the law minister.

One of the lawyers also referred to a meeting of party lawyers with President Asif Ali Zardari at the Governor’s House in Punjab and quoted the president as saying that if it was not for them and for Mr Naek, his time in jail would have been very difficult.

It was at this moment that the law minister waved at the DawnNews TV crew, asking it to leave. The lawyers suddenly became silent and one of them quipped that their indiscreet conversation might go on air the following morning. The quip was greeted with a roar of laughter, but the law minister said that “we haven’t said anything like that”.The following is the transcript of the conversation Law Minister Farooq H. Naek had with PPP lawyers desirous of becoming members of the superior judiciary.

Law minister: I am not denying it. But there are compulsions. Now what should I tell you sitting here? There are so many compulsions. We have to accommodate so many other people in order to run the government.

Lawyer: Mr Naek, we have many complaints. You can see Mr Naseem sitting here. We were expecting that he would be at the top of the list of people being considered for appointment as a judge.

Law minister: Just a minute…just a minute…let the press leave first.

Lawyers: Just wait…just wait.

[Everybody starts looking at the cameras.]

Law minister: Mr Naseem, what is your date of birth?

Advocate Naseem: Nov 17, 1949.

Law minister: So, how old are you?

Advocate Naseem: Fifty-nine years and two months.

Law minister: It is almost 60 years…so let me tell you why we didn’t consider you [for the post of a judge.] We made a policy that anyone between 40 and 45 should not be considered, because it takes a judge between two to three years to become a permanent judge.

Advocate Naseem: Sir, but [Justice] Habibullah Shakir is 60 plus.

Law minister: There were different reasons for the appointment of [Justice] Habibullah Shakir that I will tell you later. Let me admit here that it was an exception created. And Mr Kashmiri you were first on the list between me and Mian…[inaudible]. I am telling you the truth. But because of this age [factor].

Advocate Naseem: Yes, I knew the problem.

Law minister: I am frankly sharing this all with you now…I wanted you to become a judge. That is why I asked you about your age. I am already the biggest target of attack also inside the parliament.

Advocate Naseem: What about the [age of] NIRC chairman?

Law minister: That is not under my control. For that, all of you people belonging to the People’s Lawyer Forum should meet Mr Khurshid Shah, who is the minister for labour. All NIRC appointments and others under the ministry of labour are in his hands. Just bear with me for a second. I know everything you are saying. I had talked to Mr Khurshid Shah, but he did not agree with me. Now I will request you that while your delegation is here, you people must meet Mr Khurshid Shah. If he is People’s Party, you are also People’s Party. You should please go and meet him and kindly don’t blame me for everything.

Lawyer: But there are posts vacant in the services tribunal…listen everyone else…let me speak…Mr Naek, my submission is that Mr Kazim had met the president and it was he [the president] who had invited us to the Governor’s House. The president had said that if we sixty-seventy people were not there his time in jail would have been very difficult. And of course you were then leading us, which the president also mentioned.

Law minister [asking the press]: Are you finished? If you are finished, please leave so that we can have some discussion.

Lawyer: Now what I said was that…

[Other lawyers interrupt him, telling him to be quiet and let the press leave.]

Lawyer [addressing the minister]: We are in a hurry because you are a busy man.

Another lawyer: Be careful as all this might be aired on TV first thing in the morning.

[Laughter.]

Lawyers: No…no…

Law minister: No…we haven’t said anything like that.
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