Babar Awan fired top legal draftsmen

[sparklingway]

He told Babar to act accordingly, and lost his job​

Friday, July 09, 2010

By Ansar Abbasi

ISLAMABAD: A top BS-21 Law Ministry officer and widely respected draftsman/legislative adviser Azam Warriach was fired from the government service on Thursday after the daring officer recently noted in official files that the Law Minister Babar Awan was violating the laws and rules of government business.

Official sources said that the Law Ministry had terminated the contract of Azam Warriach almost 11 months before its expiry in June 2011. Usually, the draftsmen because of the rare specialty of their work are allowed to continue for years and years after their retirement. However, in case of 63-year-old Azam Warriach, he is no more required after highlighting the shortcomings of his powerful minister. Warriach was though appointed as Legislative Adviser after his retirement, he was doing the work of a draftsman, the position that he had been holding for quite some time.

When approached, Azam Warriach confirmed to this correspondent that his contract was terminated here on Wednesday. He said that he had been targeted for objecting to what he called the illegalities and violations of the Law Minister Babar Awan. Warriach said that he had received the Law Ministry’s notification for the termination of his contract.

However, it is intriguing to note while the Law Ministry has issued the notification for the termination of Warriach’s contract, the senior spokesman of the Establishment Division when approached expressed his complete unawareness of this high profile sacking in the Law Ministry. All the appointments in BS-20 and above are made by the prime minister, who is also the competent authority to fire such appointees. The Establishment Division spokesman said that no summary seeking Warraich’s removal had been moved to the prime minister by the Law Ministry through the Establishment Division.

After Warraich’s departure, the Law Ministry is now left with one more draftsman-Malik Hakim Khan, who is over 70. Azam Warriach is generally known in the federal ministries and divisions as the most forthright voice of the Law Ministry, as he has never been shy of expressing his candid views. In early 2008 when General Musharraf was still the president of the country, it was Azam Warriach, who in a government’s file wrote that without sending the usurpers of the constitution to the gallows Pakistan could not move forward.

However, this candidness of this respected draftsman has not been appreciated by the government after he recently pointed out in the Law Ministry’s files that his political master Law Minister Babar Awan conduct was not within the law and rules of business.

The News tried to contact the law secretary to get his version but he was not available for his comments on this yet another important sacking in the government’s legal team. A few queries through mobile SMS were also sent to the law secretary but they also remained unanswered.

In a rare show of courage, Warriach had asked Awan to confine himself to policy matters and act in accordance with the law. The officer had conveyed the protest in writing to the former Secretary Law Aqil Mirza, who was the administrative head of the Law Ministry. He also protested over Awan’s desire that every case should be submitted to him for his approval and that senior officials in the ministry should bring the files during office hours to his residence.

Waraich had written two separate notes to the law secretary through which he objected to the working of the law minister. One official note was captioned “Observance of the rules of business” and the second was, “Grief and grudges of office”.

Warraich, who was also senior legislative advisers of the Law Ministry, in his formal note submitted to the law secretary, had reminded Awan that the law minister was merely the captain of the team heading the law officers of the division, who are servants of the state.

Referring to the Rules of Business, 1973, he advised Awan: “It will be in the fitness of things that the law minister may graciously reconsider his stance and confine himself to policy matters, leaving technical and legal issues to be resolved by the Law and Justice Division under the guidance of the Secretary Law and Justice Division, because cases referred by other ministries and divisions to this division are sent for examination and opinion by the Law and Justice Division and not for the approval of the law minister.”

It added: “Even otherwise putting signatures on the files of the referring divisions does not behove the high and exalted position enjoyed by the law minister, besides being also in violation of the rules referred to above.”

“The Law Ministry being the custodian of the constitution and the rules made thereunder, must act in accordance with the law, giving no chance to other ministries to cast disparaging remarks for our failure to follow the Rules of Business.”

In the other note that Warriach had moved to the law secretary referred to the law minister’s reported direction to see files at his residence, which also received blunt response from Warraich, who formally noted in a file: “For smooth and early disposal of issues/files Office Order No 8(5)/2010/A-I, dated the 20th (January) instant [F/B], directing the senior officers of the ministry to take the files surprisingly during office hours at 8:30 am at the residence of the minister. It is submitted that the Ministry of Law (Law and Justice Division) has been declared classified/secret ministry and all transactions of business in the ministry are strictly confidential.

“2. It is not legally possible nor desirable to run the risk of loss of any government record during transit from office to the place referred to in the aforesaid order. Further divulgence of information of the Law Ministry could be treated as violation of Official Secrets Act, 1923, and maybe detrimental to the state interest.

“3. It is, therefore, submitted that the grief and grudges of the office must be burnt and buried in office. The honourable law minister, who is a religious scholar and supposed to be an early riser, may kindly make it convenient to grace the office premises at 8:00 am sharp and the senior officers of this division would ensure utmost cooperation in the smooth and speedy disposal of cases.” Instead of following the advice of the officer and rewarding the officer for his courage, Babar Awan first managed to get his close buddy as secretary law and later got Warriach removed.