Makhdoom Ali Khan
Encyclopedia
Makhdoom Ali Khan (Barrister
Lincoln's Inn
, Born 9 January 1954), is a practising Senior Advocate Supreme Court. Makhdoom Ali Khan is a former Attorney General
of Pakistan, former Chairman Pakistan Bar Council
, former member of the Law and Justice Commission of Pakistan, former Board Member of the Federal Judicial Academy of Pakistan and a former Board Member of the Sindh Judicial Academy. He is a serving Member on the Governing Board of the British Pakistan Law Council, an Officer of the Board of the Forum for International Conciliation and Arbitration (FICACIC), a member of the Advisory Board of the Citizens Police Liaison Committee (CPLC) and a member of the court of the London Court of International Arbitration
.He has consistently been ranked amongst the top five litigators http://www.chambersandpartners.com/Asia/Firms/168800-35387/206863,http://www.legal500.com/c/pakistan/dispute-resolution in Pakistan over the last decade and a half both by reputation and in international rankings in legal publications and amongst the top three litigators in the Sindh High Court
in Karachi. Since his return to private practice in 2007 he is globally regarded as the preeminent commercial and constitutional litigator, arbitrator and arbitration lawyer in Pakistan.
Chambers Global 2010 -the leading guidebook on lawyers worldwide - ranked Makhdoom Ali Khan as the best litigator in Pakistan under their Lawyer Rankings for Dispute Resolution ranking him alone in Band 1. The rankings state that, "Former Attorney General Makhdoom Ali Khan of Fazle Ghani Advocates is one of the country's finest courtroom performers, report interviewees: “There is not anyone better; he doesn't need magic, for he will have predicted any question you can think of anyway – he is the absolute master of preparation.” As well as handling a blend of commercial and constitutional litigation, he enjoys a particularly strong standing in the international arbitration sphere."
(MA
International Relations
- First Class First with Distinction in International Law
) and S. M. Law College (LL.B - First Class) in Karachi. He was admitted to Corpus Christi College, Cambridge
where he completed his BA in Law(First Class) in 1977 and then went on to do an LLM (Maritime and Public International Law) at the London School of Economics
and Political Science in 1978. He was called to the bar at Lincoln's Inn
in 1979 where he was a Hardwicke Scholar and topped in Constitutional Law and Law of International Trade.
in the United Kingdom he returned to Karachi,Pakistan and joined the offices of Syed Sharifuddin Pirzada
(former Attorney General Pakistan and current Ambassador at Large ,who was Attorney General at the time, and worked there for two years. He then joined the chambers of his father Fazle Ghani Khan (Retd. Justice of High Court of West Pakistan and Member Balochistan Law Reform Commission) where he practised law till he was appointed Attorney General of Pakistan in September 2001 making him the second youngest Attorney General in the history of Pakistan. He was also invited by the Supreme Court of Pakistan to sign the roll of Senior Advocates of the Supreme Court of Pakistan in 2001 also making him the second youngest lawyer to do so in the history of Pakistan. He was also an examiner and lecturer at S.M. Law College till 1986. During his early years at Fazle Ghani Khan and Co. Advocates he wrote columns for Dawn, Herald, Newsline and the now defunct Viewpoint magazine as well as travelling to and writing reports on judicial independence in Malayasia and the situation in Myanmar for the International Commission of Jurists
along with speaking at many international law seminars. Khan rose to the forefront of the profession at a remarkably young age which is evidenced by the fact that all the top litigators in Pakistan are at least a decade senior to him and was an Advocate Supreme Court in 1989 at the age of 35. It was in this year that he was given the honour normally only bestowed upon the senior most litigators in the country to appear as amicus curiae
by then Chief Justice of the Sindh High Court
Ajmal Mian
(who later became a Judge of the Supreme Court of Pakistan
and finally the Chief Justice of Pakistan) in a suo moto reference on the subject of inhuman jail conditions in Karachi
along with later Chief Justice of the Sindh High Court
Sabihuddin Ahmad http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1996/20Je96.html. Makhdoom Ali Khan appeared for Akbar Bugti when the Provincial Assembly of Balochistan was dismissed and became the first lawyer in the country to successfully argue and secure the restoration of a dissolved legislature. Later he appeared for President Ghulam Ishaq Khan
and President Farooq Leghari
in the Supreme Court in dissolution cases. In 1999 he argued a constitional petition successfully against the GoP on behalf of Jang Group before the Supreme Court of Pakistan.
He came to the notice of the Pakistan Government after he successfully negotiated with the military regime and the newly constituted National Accountability Bureau for the release of his incarcerated client Sultan Lakhani. He also argued a number of high profile commercial cases. He and Abdul Hafiz Pirzada
were counsel for National Power and the Hub Power Company - before the High Courts and the Supreme Court of Pakistan - when the Nawaz Sharif and later the Pervez Musharraf governments reneged on the contracts executed between the Federation of Pakistan and these companies. Khan was also retained by these corporations to represent them with Johnny Veeder QC
and Toby Landau QC
before an ICC tribunal.
During his term as Attorney General he represented the Government of Pakistan successfully with Jan Paulsson, Johnny Veeder QC and Christopher Greenwood
QC in the SGS, Bayinder and Impregilo cases before ICSID arbitral tribunals. A directive was also issued by President Pervez Musharraf at around this time that no Bilateral Investment Treaty by any Government department or ministry was to be signed unless Mr. Khan was consulted http://www.investmenttreatynews.org/cms/news/archive/2009/03/16/pakistans-standstill-in-investment-treaty-making-an-interview-with-the-former-attorney-general-of-pakistan-makhdoom-ali-khan.aspx. He also tirelessly advocated the adoption of the UNCITRAL
Model Law for Pakistan. He authored the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005, which incorporated the New York Convention in the municipal laws of Pakistan and the Arbitration (International Investment Disputes) Ordinance, 2007 to implement the International Convention on the Settlement of Investment Disputes between States and Nationals of other States.
As Attorney General he successfully represented the GoP to overturn through a review petition the judgement of the Supreme Court which had declared bank interest to be unIslamic. He also successfully argued before the Supreme Court that an adult Muslim woman can marry without the consent of a wali (male guardian), persuaded the court as amicus curaie to restrain the Government from raising constructions in the Murree and Margalla Hills areas which were a threat to the environment and to suspend the operation of a judgement of the High Court which had declared as unconstitutional the Juvenile Justice System Ordinance - a law which had set up special courts for juveniles. Khan advised President Musharraf to seek advisory opinion from the Supreme Court when the government of the religious parties sought to set up a moral police (Hasba bill
) in the North West Frontier Province. His argument that the proposed legislation was unconstitutional succeeded and the Governor NWFP was restrained from signing into law the Bill passed by the Frontier Assembly.He also successfully represented the government in a large number of tax and commercial cases.
Khan advised Pakistan on all public international law and international arbitration issues which included the disputed issue with India on the construction of Baghliar Dam and the Kishenganga Water dispute.
He was on Court Notice in the Pakistan Steel Mills
Case in the Supreme Court of Pakistan
and the Reference of the Chief Justice of Pakistan in both the Supreme Judicial Council of Pakistan
and the Supreme Court.
He advised the Government of Pakistan in the Mukhtaran Mai case to support her stand and later appeared in the Supreme Court to argue in her support which resulted in the Supreme Court admitting her petition and issuing orders for the arrest of the alleged rapists.http://www.dawn.com/2005/06/29/top2.htm,http://news.bbc.co.uk/2/hi/south_asia/4630613.stm.
He was also head of Pakistan's delegation to the United Nations General Assembly in 2004 (Agenda Item: Measures to Eliminate International Terrorism)
Makhdoom Ali Khan was part of the three member Constitution Committee (along with former Law Minister Zahid Hamid and former Judge of the Supreme Court, Retd. Justice Bhandari) that drafted the Pakistan Cricket Board's current constitution.
He is known to be one of the three chief architects behind the Women's Protection Bill
; the other two being Javed Ahmad Ghamidi and Muhammad Khalid Masud
, the passing of which was facilitated by the complete support of Pervez Musharraf
and the whole-hearted backing of the MQM and the Pakistan Peoples Party
in the National Assembly. Though the PML-Q opposed it initially and created hurdles to it becoming law they later reluctantly supported it after some of its provisions were diluted to their liking to appease some conservative Islamic scholars who were against the bill completely. This prompted the resignation of Javed Ahmad Ghamidi from the Council of Islamic Ideology in September 2006 though it was not accepted by the President. Makhdoom Ali Khan is reported to have personally drafted the bill. His term as Attorney General
also saw some extremely competent and successful lawyers appointed to the Sindh High Court
and Lahore High Court
bench which was a deviation from the norm in the past. Almost all those appointed on his recommendations to the High Courts and the Supreme Court were sacked when General Pervez Musharraf imposed emergency on 3 November 2007.
He resigned from the office of Attorney General (and thus also the ex officio Chairman of the Pakistan Bar Council) on 20 July 2007 , citing as his reasons that his legal advice was consistently ignored and that the Reference was a huge failure for the GoP http://www.rediff.com/news/2007/aug/02mir.htm and stated that it was disappointing that the concerned authorities were all placing the blame on others rather than accepting responsibility, making him the third longest serving Attorney General in the history of Pakistan. It was reported in Jang and The News newspapers that the President was reluctant to accept his resignation but eventually accepted it after eight days when Khan refused to take back his decision.
After his resignation he returned to private practice at Fazle Ghani Advocates where his practice predominantly consists of commercial litigation and arbitration, taxation, company/banking and constitutional litigation along with some appellate criminal litigation. He is known to be a specialist in taxation, corporate-commercial litigation and arbitration, constitutional and international law matters. Though he declined to advise the Government of Pakistan in politico-legal matters and also declined to appear for the President in the petitions challenging his election to office he continues to be retained by government departments in commercial and arbitration cases.
Fazle Ghani Advocates' Karachi chambers are reputed to house the largest private law library in Pakistan. Khan has also written an authoritative commentary on the Constitution of Pakistan found in most law offices and chambers in Pakistan [ The Constitution of the Islamic Republic of Pakistan, 1973: with Political parties Act, 1962, Political parties rules, 1986, election commission notification for registration of political parties, 1986: as amended up to March 1988 (edited & introduced by Makhdoom Ali Khan, Karachi: Pakistan Law House, 1988)] as well as a tract on the impediments to provincial autonomy in Pakistan with Shahid Kardar.
Dawn and Jang Group both printed stories claiming Mr. Khan was responsible for drafting the Provisional Constitutional Order
(PCO) after the imposition of emergency in Pakistan. (The fact that he never speaks to the media was also highlighted in one of these articles which was also brought to notice during the media frenzy of the CJ's Reference 2007 and which is in stark contrast to the current holder of the office of Attorney General.) However,sources close to him denied this and after further investigation both newspapers printed corrections and Jang Group also printed an apology on 15 November 2007 stating he is 'one of the most respected barristers in the country' and that he had resigned from the office of Attorney General during the judicial crisis 'on a matter of principle'.
After returning to private practice he appeared in many important commercial cases for Pakistan International Airlines, Pakistan Petroleum Limited, PTCL, Jang Group of Newspapers, Reckitt Benckiser, MacDonald's, Citibank, Unilever, Occidental Petroleum, British Petroleum, the Securities and Exchange Commission of Pakistan, the Oil and Gas Regulatory Authority, Habib Bank Limited amongst other clients in the Sindh High Court and the Supreme Court of Pakistan. He is also sitting as an arbitrator in a number of important commercial matters both internationally and in Pakistan.
On 9 May 2008 he was appointed to the court of the LCIA for a five year term(Appointments to the LCIA Court are not full-time appointments and members of the court can continue to pursue their work at chambers or otherwise other than during court meetings for members or when appointed as arbitrators in tribunals).
In 2008 Makhdoom Ali Khan was part of an international team engaged by the Ministry of Religious Affairs, Government of Pakistan to challenge an arbitral award against it in the Commercial Court of the High Court of Justice, Queen's Bench Division in the United Kingdom. The decision was in their favour with $70 million damages awarded to the Ministry of Religious Affairs, Government of Pakistan.http://www.dailytimes.com.pk/default.asp?page=2008%5C08%5C04%5Cstory_4-8-2008_pg7_26http://thenews.com.pk/top_story_detail.asp?Id=16388
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
, Born 9 January 1954), is a practising Senior Advocate Supreme Court. Makhdoom Ali Khan is a former Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of Pakistan, former Chairman Pakistan Bar Council
Pakistan Bar Council
Pakistan Bar Council was established by the Parliament in 1973 under the Legal Practitioners and Bar Councils Act. It is the highest elected body of lawyers. it has twenty members elected throughout the country representing each province. The Members of the Pakistan Bar Council are elected on the...
, former member of the Law and Justice Commission of Pakistan, former Board Member of the Federal Judicial Academy of Pakistan and a former Board Member of the Sindh Judicial Academy. He is a serving Member on the Governing Board of the British Pakistan Law Council, an Officer of the Board of the Forum for International Conciliation and Arbitration (FICACIC), a member of the Advisory Board of the Citizens Police Liaison Committee (CPLC) and a member of the court of the London Court of International Arbitration
London Court of International Arbitration
The London Court of International Arbitration is an institution based in London, United Kingdom providing the service of international arbitration....
.He has consistently been ranked amongst the top five litigators http://www.chambersandpartners.com/Asia/Firms/168800-35387/206863,http://www.legal500.com/c/pakistan/dispute-resolution in Pakistan over the last decade and a half both by reputation and in international rankings in legal publications and amongst the top three litigators in the Sindh High Court
Sindh High Court
The High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
in Karachi. Since his return to private practice in 2007 he is globally regarded as the preeminent commercial and constitutional litigator, arbitrator and arbitration lawyer in Pakistan.
Chambers Global 2010 -the leading guidebook on lawyers worldwide - ranked Makhdoom Ali Khan as the best litigator in Pakistan under their Lawyer Rankings for Dispute Resolution ranking him alone in Band 1. The rankings state that, "Former Attorney General Makhdoom Ali Khan of Fazle Ghani Advocates is one of the country's finest courtroom performers, report interviewees: “There is not anyone better; he doesn't need magic, for he will have predicted any question you can think of anyway – he is the absolute master of preparation.” As well as handling a blend of commercial and constitutional litigation, he enjoys a particularly strong standing in the international arbitration sphere."
Education
Khan was educated at Government College Lahore (B.A) and later attended University of KarachiUniversity of Karachi
The University of Karachi is a public university located in Karachi, Pakistan. It serves an on-campus student population of more than 24,000. According to the Higher Education Commission of Pakistan, it is ranked among the top three universities of the country...
(MA
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
International Relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
- First Class First with Distinction in International Law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
) and S. M. Law College (LL.B - First Class) in Karachi. He was admitted to Corpus Christi College, Cambridge
Corpus Christi College, Cambridge
Corpus Christi College is a constituent college of the University of Cambridge. It is notable as the only college founded by Cambridge townspeople: it was established in 1352 by the Guilds of Corpus Christi and the Blessed Virgin Mary...
where he completed his BA in Law(First Class) in 1977 and then went on to do an LLM (Maritime and Public International Law) at the London School of Economics
London School of Economics
The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...
and Political Science in 1978. He was called to the bar at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1979 where he was a Hardwicke Scholar and topped in Constitutional Law and Law of International Trade.
Career
After a short stint teaching Constitutional Law and Public International Law at Keele UniversityKeele University
Keele University is a campus university near Newcastle-under-Lyme in Staffordshire, England. Founded in 1949 as an experimental college dedicated to a broad curriculum and interdisciplinary study, Keele is most notable for pioneering the dual honours degree in Britain...
in the United Kingdom he returned to Karachi,Pakistan and joined the offices of Syed Sharifuddin Pirzada
Syed Sharifuddin Pirzada
Syed Sharifuddin Pirzada NI, a direct descendant of Shaikh Burhanuddin Raz-i-Ilahi of the Shattar order in Burhanpur, who had, amongst others, Emperor Aurangzeb as his disciple), Barrister-at-Law and a graduate in Law from Bombay University in...
(former Attorney General Pakistan and current Ambassador at Large ,who was Attorney General at the time, and worked there for two years. He then joined the chambers of his father Fazle Ghani Khan (Retd. Justice of High Court of West Pakistan and Member Balochistan Law Reform Commission) where he practised law till he was appointed Attorney General of Pakistan in September 2001 making him the second youngest Attorney General in the history of Pakistan. He was also invited by the Supreme Court of Pakistan to sign the roll of Senior Advocates of the Supreme Court of Pakistan in 2001 also making him the second youngest lawyer to do so in the history of Pakistan. He was also an examiner and lecturer at S.M. Law College till 1986. During his early years at Fazle Ghani Khan and Co. Advocates he wrote columns for Dawn, Herald, Newsline and the now defunct Viewpoint magazine as well as travelling to and writing reports on judicial independence in Malayasia and the situation in Myanmar for the International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
along with speaking at many international law seminars. Khan rose to the forefront of the profession at a remarkably young age which is evidenced by the fact that all the top litigators in Pakistan are at least a decade senior to him and was an Advocate Supreme Court in 1989 at the age of 35. It was in this year that he was given the honour normally only bestowed upon the senior most litigators in the country to appear as amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
by then Chief Justice of the Sindh High Court
Sindh High Court
The High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
Ajmal Mian
Ajmal Mian
Ajmal Mian was Chief Justice of the Supreme Court of Pakistan from December 23, 1997 to June 30, 1999.-Life:Born July 4, 1934 in Delhi, India Mr. Justice Ajmal Mian son of Mr...
(who later became a Judge of the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
and finally the Chief Justice of Pakistan) in a suo moto reference on the subject of inhuman jail conditions in Karachi
Karachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...
along with later Chief Justice of the Sindh High Court
Sindh High Court
The High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
Sabihuddin Ahmad http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1996/20Je96.html. Makhdoom Ali Khan appeared for Akbar Bugti when the Provincial Assembly of Balochistan was dismissed and became the first lawyer in the country to successfully argue and secure the restoration of a dissolved legislature. Later he appeared for President Ghulam Ishaq Khan
Ghulam Ishaq Khan
Ghulam Ishaq Khan , abbreviated as GIK, was the seventh President of Pakistan from August 17, 1988 until July 18, 1993 and a career statesman from the start to the end of cold war...
and President Farooq Leghari
Farooq Leghari
Sardar Farooq Ahmad Khan Leghari was the eighth President of Pakistan from November 14, 1993 until December 2, 1997...
in the Supreme Court in dissolution cases. In 1999 he argued a constitional petition successfully against the GoP on behalf of Jang Group before the Supreme Court of Pakistan.
He came to the notice of the Pakistan Government after he successfully negotiated with the military regime and the newly constituted National Accountability Bureau for the release of his incarcerated client Sultan Lakhani. He also argued a number of high profile commercial cases. He and Abdul Hafiz Pirzada
Abdul Hafiz Pirzada
Abdul Hafiz Pirzada, Senior Advocate Supreme Court, is one of the premier lawyers of Pakistan. Pirzada, a lawmaker and legal expert, is one of the founding members of Pakistan Peoples Party , a democratic socialist party, and a close associate and aide of former Prime minister Zulfikar Ali Bhutto...
were counsel for National Power and the Hub Power Company - before the High Courts and the Supreme Court of Pakistan - when the Nawaz Sharif and later the Pervez Musharraf governments reneged on the contracts executed between the Federation of Pakistan and these companies. Khan was also retained by these corporations to represent them with Johnny Veeder QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
and Toby Landau QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
before an ICC tribunal.
During his term as Attorney General he represented the Government of Pakistan successfully with Jan Paulsson, Johnny Veeder QC and Christopher Greenwood
Christopher Greenwood
Sir Christopher John Greenwood CMG QC is a duly elected member of the International Court of Justice. He is a barrister and professor of international law at the London School of Economics...
QC in the SGS, Bayinder and Impregilo cases before ICSID arbitral tribunals. A directive was also issued by President Pervez Musharraf at around this time that no Bilateral Investment Treaty by any Government department or ministry was to be signed unless Mr. Khan was consulted http://www.investmenttreatynews.org/cms/news/archive/2009/03/16/pakistans-standstill-in-investment-treaty-making-an-interview-with-the-former-attorney-general-of-pakistan-makhdoom-ali-khan.aspx. He also tirelessly advocated the adoption of the UNCITRAL
UNCITRAL
The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law"....
Model Law for Pakistan. He authored the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005, which incorporated the New York Convention in the municipal laws of Pakistan and the Arbitration (International Investment Disputes) Ordinance, 2007 to implement the International Convention on the Settlement of Investment Disputes between States and Nationals of other States.
As Attorney General he successfully represented the GoP to overturn through a review petition the judgement of the Supreme Court which had declared bank interest to be unIslamic. He also successfully argued before the Supreme Court that an adult Muslim woman can marry without the consent of a wali (male guardian), persuaded the court as amicus curaie to restrain the Government from raising constructions in the Murree and Margalla Hills areas which were a threat to the environment and to suspend the operation of a judgement of the High Court which had declared as unconstitutional the Juvenile Justice System Ordinance - a law which had set up special courts for juveniles. Khan advised President Musharraf to seek advisory opinion from the Supreme Court when the government of the religious parties sought to set up a moral police (Hasba bill
Hasba bill
The Hasba bill was a bill proposed by members of the provincial assembly of the North-West Frontier Province, Pakistan, which borders Afghanistan. The political party in power in the province at that time was the Muttahida Majlis-e-Amal , which was an alliance of six religious parties endorsing a...
) in the North West Frontier Province. His argument that the proposed legislation was unconstitutional succeeded and the Governor NWFP was restrained from signing into law the Bill passed by the Frontier Assembly.He also successfully represented the government in a large number of tax and commercial cases.
Khan advised Pakistan on all public international law and international arbitration issues which included the disputed issue with India on the construction of Baghliar Dam and the Kishenganga Water dispute.
He was on Court Notice in the Pakistan Steel Mills
Pakistan Steel Mills
The Pakistan Steel Mills, PSM, is the state-owned producer of long rolled steel and heavy iron products in Karachi, Sindh Province of Pakistan. The Pakistan Steel Mill is the country's largest industrial undertaking having a production capacity of 1.1 million tonnes of steel...
Case in the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
and the Reference of the Chief Justice of Pakistan in both the Supreme Judicial Council of Pakistan
Supreme Judicial Council of Pakistan
The Supreme Judicial Council of Pakistan is a body of judges empowered under of the constitution of Pakistan to hear cases of misconduct against judges.-Composition:The composition of the Council is set out in the constitution as:* The Chief Justice...
and the Supreme Court.
He advised the Government of Pakistan in the Mukhtaran Mai case to support her stand and later appeared in the Supreme Court to argue in her support which resulted in the Supreme Court admitting her petition and issuing orders for the arrest of the alleged rapists.http://www.dawn.com/2005/06/29/top2.htm,http://news.bbc.co.uk/2/hi/south_asia/4630613.stm.
He was also head of Pakistan's delegation to the United Nations General Assembly in 2004 (Agenda Item: Measures to Eliminate International Terrorism)
Makhdoom Ali Khan was part of the three member Constitution Committee (along with former Law Minister Zahid Hamid and former Judge of the Supreme Court, Retd. Justice Bhandari) that drafted the Pakistan Cricket Board's current constitution.
He is known to be one of the three chief architects behind the Women's Protection Bill
Women's Protection Bill
The Women's Protection Bill which was passed by the National Assembly of Pakistan on 15 November 2006 is an attempt to amend the heavily criticized Hudood Ordinance laws which govern the punishment for rape and adultery in Pakistan.-Impact of the Bill:...
; the other two being Javed Ahmad Ghamidi and Muhammad Khalid Masud
Muhammad Khalid Masud
Muhammad Khalid Masud is the former Chairman of the Council of Islamic Ideology in Pakistan.Masud obtained his PhD in Islamic Studies at McGill University, Montreal, Canada. Previously he worked as the Academic Director of the International Institute for the Study of Islam in the Modern World in...
, the passing of which was facilitated by the complete support of Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
and the whole-hearted backing of the MQM and the Pakistan Peoples Party
Pakistan Peoples Party
The Pakistan Peoples Party , is a democratic socialist political party in Pakistan affiliated with Socialist International. Pakistan People's Party is the largest political party of Pakistan...
in the National Assembly. Though the PML-Q opposed it initially and created hurdles to it becoming law they later reluctantly supported it after some of its provisions were diluted to their liking to appease some conservative Islamic scholars who were against the bill completely. This prompted the resignation of Javed Ahmad Ghamidi from the Council of Islamic Ideology in September 2006 though it was not accepted by the President. Makhdoom Ali Khan is reported to have personally drafted the bill. His term as Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
also saw some extremely competent and successful lawyers appointed to the Sindh High Court
Sindh High Court
The High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
and Lahore High Court
Lahore High Court
The Lahore High Court is based in Lahore, Punjab, Pakistan. It was established as a high court on March 21, 1919. The Lahore High Court has jurisdiction over Punjab...
bench which was a deviation from the norm in the past. Almost all those appointed on his recommendations to the High Courts and the Supreme Court were sacked when General Pervez Musharraf imposed emergency on 3 November 2007.
He resigned from the office of Attorney General (and thus also the ex officio Chairman of the Pakistan Bar Council) on 20 July 2007 , citing as his reasons that his legal advice was consistently ignored and that the Reference was a huge failure for the GoP http://www.rediff.com/news/2007/aug/02mir.htm and stated that it was disappointing that the concerned authorities were all placing the blame on others rather than accepting responsibility, making him the third longest serving Attorney General in the history of Pakistan. It was reported in Jang and The News newspapers that the President was reluctant to accept his resignation but eventually accepted it after eight days when Khan refused to take back his decision.
After his resignation he returned to private practice at Fazle Ghani Advocates where his practice predominantly consists of commercial litigation and arbitration, taxation, company/banking and constitutional litigation along with some appellate criminal litigation. He is known to be a specialist in taxation, corporate-commercial litigation and arbitration, constitutional and international law matters. Though he declined to advise the Government of Pakistan in politico-legal matters and also declined to appear for the President in the petitions challenging his election to office he continues to be retained by government departments in commercial and arbitration cases.
Fazle Ghani Advocates' Karachi chambers are reputed to house the largest private law library in Pakistan. Khan has also written an authoritative commentary on the Constitution of Pakistan found in most law offices and chambers in Pakistan [ The Constitution of the Islamic Republic of Pakistan, 1973: with Political parties Act, 1962, Political parties rules, 1986, election commission notification for registration of political parties, 1986: as amended up to March 1988 (edited & introduced by Makhdoom Ali Khan, Karachi: Pakistan Law House, 1988)] as well as a tract on the impediments to provincial autonomy in Pakistan with Shahid Kardar.
Dawn and Jang Group both printed stories claiming Mr. Khan was responsible for drafting the Provisional Constitutional Order
Provisional Constitutional Order
A Provisional Constitutional Order, or PCO, is an extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan...
(PCO) after the imposition of emergency in Pakistan. (The fact that he never speaks to the media was also highlighted in one of these articles which was also brought to notice during the media frenzy of the CJ's Reference 2007 and which is in stark contrast to the current holder of the office of Attorney General.) However,sources close to him denied this and after further investigation both newspapers printed corrections and Jang Group also printed an apology on 15 November 2007 stating he is 'one of the most respected barristers in the country' and that he had resigned from the office of Attorney General during the judicial crisis 'on a matter of principle'.
After returning to private practice he appeared in many important commercial cases for Pakistan International Airlines, Pakistan Petroleum Limited, PTCL, Jang Group of Newspapers, Reckitt Benckiser, MacDonald's, Citibank, Unilever, Occidental Petroleum, British Petroleum, the Securities and Exchange Commission of Pakistan, the Oil and Gas Regulatory Authority, Habib Bank Limited amongst other clients in the Sindh High Court and the Supreme Court of Pakistan. He is also sitting as an arbitrator in a number of important commercial matters both internationally and in Pakistan.
On 9 May 2008 he was appointed to the court of the LCIA for a five year term(Appointments to the LCIA Court are not full-time appointments and members of the court can continue to pursue their work at chambers or otherwise other than during court meetings for members or when appointed as arbitrators in tribunals).
In 2008 Makhdoom Ali Khan was part of an international team engaged by the Ministry of Religious Affairs, Government of Pakistan to challenge an arbitral award against it in the Commercial Court of the High Court of Justice, Queen's Bench Division in the United Kingdom. The decision was in their favour with $70 million damages awarded to the Ministry of Religious Affairs, Government of Pakistan.http://www.dailytimes.com.pk/default.asp?page=2008%5C08%5C04%5Cstory_4-8-2008_pg7_26http://thenews.com.pk/top_story_detail.asp?Id=16388
Official Posts Held
- Attorney GeneralAttorney GeneralIn most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, Pakistan: 2001-2007 - Chairman, Pakistan Bar CouncilPakistan Bar CouncilPakistan Bar Council was established by the Parliament in 1973 under the Legal Practitioners and Bar Councils Act. It is the highest elected body of lawyers. it has twenty members elected throughout the country representing each province. The Members of the Pakistan Bar Council are elected on the...
: 2001-2007 - Member, Law and Justice Commission of Pakistan: 2001-2007
- Board Member, Federal Judicial Academy of Pakistan: 2001-2007
- Board Member, Sindh Judicial Academy
Official Posts Declined
- Judge, Sindh High Court: 1996 & 1997
- Judge, Supreme Court of Pakistan: 1999
- Advocate General Sindh: 2000
- Judge, Supreme Court of Pakistan: 2007
- Minister for Law, Justice & Parliamentary Affairs (Caretaker): 2007