SC to decide about Babar first, ZAB reference later
Shoaib A Raja
ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Thursday remarked that the court will hear the presidential reference regarding the death sentence of PPP founder Zulfikar Ali Bhutto later and termed it more important to take up former law minister Babar Awan’s ‘contemptuous’ comments in reaction to the court issuing him a contempt notice on Jan 4.
“How can things move forward without respect for the judiciary,” the CJ asked. “We are the issuing authority and have the powers to cancel [legal] licences as well.” The Supreme Court on Thursday put off the hearing of the ZAB reference and issued a second notice to PPP leader Babar Awan for contempt of court.
In its order, the apex court said: “Prima facie, we are of the view that the conduct of Dr Babar Awan is unbecoming of an advocate of the Supreme Court; therefore, we issue notice to him under Rule 30 of Order IV of the Supreme Court Rules 1980 to explain why his name not be removed from the Roll of the Advocates of this court.”
The 11-member bench was scheduled to take up the ZAB reference. However, when the 11 judges on the bench, headed by the chief justice, took their seats, and Abdul Hafeez Pirzada, one of the amicus curiae, proceeded to the rostrum to resume his arguments, the chief justice called on Babar Awan and asked him to explain his reaction to the first show cause notice issued to him on January 4 for passing derogatory remarks against the judiciary at a press conference right after the court’s Dec 1 order in the memo case.
The chief justice invited Babar Awan’s attention towards a news item according to which he had stated that the notice had been served on him because he was the federation’s counsel in the presidential reference and the purpose was to render his arguments ineffective. Instead of giving a clear reply, Awan asked the chief justice to see other papers as well, saying, “I have been called Barber” in some news reports. He said the court should also take notice of such comments against a senior lawyer. He said his words uttered on television in fact reflected respect.
“OK, we can watch the footage aired by different TV channels and then we will proceed further,” came the chief justice’s reply.
The proceedings were adjourned for 10 minutes to make arrangements to play the video footage. When the footage was played in the courtroom, it showed Awan saying that in the past too criminal cases were registered against him when he was conducting cases on behalf of Benazir Bhutto and Asif Zardari. He also recited a couplet in Seraiki meaning, “Nothing has happened despite issuance of a notice. Why make a complaint…. and why not welcome it.”
Other members of Awan’s legal team were also shown derisively laughing at the prank. The court asked senior lawyers, including President Supreme Court Bar Association (SCBA) Yasin Azad and Vice Chairman Pakistan Bar Council (PBC) Latif Afridi, whether Awan’s words and gestures amounted to ridiculing the court or not. Both condemned Awan and said they could not approve such a conduct by a senior lawyer like Babar Awan. However, they requested the court to exercise restraint to avoid confrontation between institutions.
The chief justice said there was no confrontation between the organs of the state and all the institutions, including the judiciary, legislature and the executive, were for the rule of law and the Constitution.
Barrister Aitzaz Ahsan said the court was seized with a very important presidential reference that must not be delayed intentionally or unintentionally due to this matter. He said the entire nation was awaiting the outcome of the reference and requested the court not to press the matter.
The chief justice agreed that it was a very historic and important reference and said, “We are bound to hear it as our duty. We are not obliging anybody by hearing it.” He said the court would continue hearing the reference and also hear all the lawyers, but added that the matter of contempt could not be ignored as it involved the dignity of the court.
The three senior lawyers asked the court to give them 30 minutes to find out an amicable solution, but Justice Jawwad S Khawaja took a firm stand by saying that the matter did not pertain to some individual but had to do with the respect of the institution being served by him for the last 30 years. He said he would not support the idea even if all the other members of the bench agreed to show leniency.
The chief justice asked Babar Awan when he became enrolled as a Supreme Court lawyer and ordered the registrar to put up Awan’s file before the bench when Babar Awan said he did not remember the exact date. “We do not issue licences to lawyers to behave like this,” the chief justice said.
After the file was made available to the bench, it was found that Babar Awan was enrolled as advocate of the Supreme Court on May 29, 2000, and was conferred the status of senior advocate Supreme Court on May 29, 2008.
Passing a short order, the court issued a show cause notice to Babar Awan asking him to file a written reply by January 9, explaining why his name should not be struck off the Roll of the Advocates of the Supreme Court.
The court order said the content of the utterance, the gestures made and the body language were indicative of an attempt to ridicule the court. It said that interaction between the Bench and the Bar depended upon mutual respect. “Irrespective of the fact of which bench issued the notice, the fact remains that it was part of the judiciary,” the court said. Later, the hearing of the presidential reference was also put off till January 9.
Source: The News
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