Dean Blake D. Morant recently met with Ashtar Ausaf Ali, MLC ’81 – Pakistan’s 32nd Attorney General – to discuss how GW Law had played a part in his professional journey and shaping it accordingly. He discussed his GW Law experience and its effect on his professional path.
Mansoor Usman Awan has been appointed Pakistan’s new Attorney General after Barrister Shehzad Ata Elahi decided to step down.
The Office of the Attorney General
The Office of the Attorney General serves as both legal adviser and advocate to Pakistan’s Federal Government, with primary responsibilities being policy formulation guidance and representation/protection in litigation involving federal departments. Assisting this office are Law Officers (such as Additional/Deputy Attorneys General who attend litigation involving these departments); there are currently 145 Law Officers working under its guidance/supervision.
The Constitution of Pakistan stipulates that an Attorney-General, serving as Pakistan’s public prosecutor, shall hold office at the pleasure of President. Additionally, private practice during their term in office is strictly forbidden; any violations should be reported immediately to President; in case they violate this condition they could face criminal liability for their actions.
Mansoor Usman Awan, a prominent young lawyer from Lahore, has been appointed the new Attorney General of Pakistan. He replaces Shehzad Ata Elahi who stepped down last week. President Arif Alvi approved Awan’s appointment on Monday according to a statement issued by President House.
Awan earned his Bachelor of Law (LLB) from Punjab University in 2002, receiving both the Justice M Jan Memorial gold medal for jurisprudence and Charles Earl Bevan Petman law prize for excellence. Awan holds an excellent reputation in legal circles and is well versed in various areas of law; having represented presidential reference on Reko Diq mining project as well as challenges by Imran Khan’s PTI to amends of National Accountability Ordinance Amendment Act amendments as high-profile cases.
Awan will likely inject his office with fresh energy and ideas, which has recently been faced with various obstacles and difficulties, including financial discipline issues and greater transparency of government operations. These concerns should be met by working in close concert with both ministries of law and Auditor General’s offices.
The Advocate General’s Office
The Office of the Attorney General is a legal office which serves as the government’s principal law officer and public prosecutor. The head of this legal institution, appointed by the president, serves as both legal advisor to government as well as representative in court proceedings representing them before both federal and provincial legislatures. Pakistani laws place several duties upon this legal office including acting as government’s principal legal adviser as well as giving advice and support to both president and cabinet in terms of providing legal guidance when needed.
Pakistani legal tradition is an amalgamation of Shariah law and common law traditions, drawn from pre-1947 British colonial legislation as well as more recently inspired by Islamic tradition. Additionally, local customs and traditions are taken into consideration when applying the law interpreted and administered by the Attorney General’s Office in an effective manner.
Barrister Shehzad Ata Elahi served as Attorney General until he submitted his resignation on Monday due to personal reasons. President Arif Alvi approved Mansoor Usman Awan’s nomination as new AG on Friday; Awan took up his duties on Monday.
Awan is an established Punjab-based lawyer admired by judges and superior bar associations that adhere to the seniority principle for elevation to the apex court. He should work diligently towards strengthening its standing according to international best practices.
His primary responsibilities as AGP include the distribution of cases involving the federal government to other Law Officers at the Supreme Court of Pakistan. Additionally, he advises government on legislative projects assigned to him and acts as legal representative of the Federal Government in civil, original, and appellate proceedings before that body where federal government parties are parties involved.
The AGP must remain independent from political pressure and impartial in his administration of justice – this is especially important given his office is often at the forefront of legal challenges to democracy and human rights. As an AGP must remain objective when performing his duties even when these may conflict with political interests of his office.
The Office of the Solicitor General
The Solicitor General of Pakistan serves as the primary law officer for Pakistan’s Federation and enjoys rights of audience before parliament. Appointed by President, recommended by Prime Minister, and can appear before courts representing government. With an office staff of 33+ including 10 Senior Legal Advisors and 18 Government Advocates on contract basis – including over 25 Senior Legal Advisors! -, Solicitor General enjoys rights of audience before parliament and enjoys rights of audience before parliament.
Mansoor Usman Awan, a young lawyer from Lahore, was recently appointed the new Attorney General of Pakistan. Awan served as partner in the Supreme Court Bar Association and enjoys a strong standing within legal circles; he participated in representing Hamza Shehbaz in his case before the three-judge bench of the apex court set aside deputy speaker Dost Mazari’s ruling; additionally he has an established relationship with those opposing seniority principle as an admission criteria to elevation of judges to its membership.
The office of the Solicitor General provides legal advice to Ministries and Departments within the federal government, handles matters of constitutional interpretation and conveyancing matters as well as engaging counsel to represent it before High Courts or courts where India has an interest. Furthermore, public prosecution is another area in which this office works.
Current Administration is led by an Additional Secretary who has been designated the official in-charge of the office. She is assisted by 9 regular Government Advocates, 1 Advisr-on-Record on contract basis, as well as various Gazetted and Non-Gazetted staff members.
The Office of the Solicitor General is responsible for the preparation and presentation of cases before all levels of court – Supreme Court, Federal Shariat Courts, High Courts and lower courts alike – including prosecutions, appeals against decisions of High Courts and District Courts as well as Right to Information Act (RTI) applications/appeals.
The Office of the Public Prosecutor
Pakistan’s Attorney General serves as its highest law officer at a federal level and advises on all legal matters for federal government. Furthermore, they have access to court hearings across Pakistan and can appear as witnesses before tribunals and courts as needed.
At a provincial level, an Advocate General serves as chief law officer at the behest of their Governor. As a senior lawyer with experience conducting prosecutions on behalf of the state in criminal cases and providing advice and legal support to police officers during investigations.
Prosecution services are provided through Provincial Public Prosecuor’s Offices, each one headed by a District Public Prosecutor who is supported by Assistant and Deputy Public Prosecutors; these prosecutors are accountable for:
Cooperation between prosecutors and police investigators is critical in order to deliver criminal justice in an equitable and efficient manner. While legal requirements require prosecutors to pursue convictions, they must also be mindful of the rights and interests of accused persons as well as ensure they receive fair trials. Therefore, working closely with police investigators so as to provide them with legal guidance during trial preparation is vitally important.
Pakistan has recently passed significant legislation at a provincial level that empowers prosecutors to be more involved with the investigative process by providing advice and handling remand/bail matters for police investigations. Furthermore, protocols and specialized legal teams exist that assist law enforcement with specific aspects of criminal investigation.
A recent US Embassy-funded study, funded by its Office of International Narcotics and Law Enforcement Development (INL), assessed prosecution practices within Pakistani police and judiciary. It discovered that prosecution roles during criminal investigations are unclear, with few instances where prosecutors actively collaborate with police investigators to provide legal guidance during case preparation – an area in which improvements can be made.
