The Supreme Court (SC) has issued second show cause notice in two days to
former federal law minister Babar Awan seeking reply by January 9 over
comments in which he belittled issuance of court’s contempt notices to
him and other PPP colleagues.
Heading the 11-member SC bench to hear Zulfiqar Ali Bhutto reference,
Chief Justice (CJP) Iftikhar Muhammad Chaudhry took strict notice of
media talk of former Federal Law Minister Babar Awan.
While reprimanding Babar Awan, the Supreme Court asked Awan if he
wishes to get his license cancelled by giving out such statements.
As court started hearing of presidential reference sent by President
Asif Ali Zardari under Article 186 (advisory jurisdiction of Supreme
Court) of the Constitution seeking revisiting of the death sentence
awarded to former prime minister and PPP founder Zulfiqar Ali Bhutto in
1979, Chief Justice Iftikhar Muhammad Chaudhry called Babar Awan and
asked that “whether you know what you said yesterday while talking to
media outside the court”?
“How can things move forward without respect for the judiciary, we
would hear Bhutto Reference later, this matter is more important and we
have to decide this matter related to dignity of the court earlier’ CJP
noted.
Chief Justice asked to Babar that why he made a joke to court
notices, adding that if you would not respect the court than who will
respect the courts.
Babar Awan said, ‘My conversation has two parts; but, you picked up only the piece of poetry as the subject.’
Awan ridiculed the court rulings in front of media after appearing in
the ZAB Reference, the court order says adding his (Awan’s) name might
be struck off from list of apex court’s lawyers. The court verdict
further said the Supreme Court Bar Association (SCBA) and Vice President
Bar Council also backed up the court’s stance.
The bench ordered the court crew to make arrangements for the judges to watch Babar Awan’s press talk.
At least five senior lawyers including Yasin Azad, Justice (rtd)
Fakhruddin G. Ebrahim and Ali Ahmed Kurd requested to the Chief Justice
Chaudhry for a meeting at the chamber before the footage is shown.
However, the Chamber meeting could not take place.
After the screening of the footage, Justice Jawwad S. Khawaja said he
is speechless after hearing the remarks. He said that he would never
forget to Babar even other ten judges forget him.
The Chief Justice Chaudhry said the PTV is watched in 132 countries
and that the prestige of the judiciary will become a question in these
countries after airing of these scenes.
Referring to the footage, the CJ queried, ‘Is this respect for the court?’
Addressing Yasin Azad, the Chief Justice Chaudhry asked, “Was there
any justification for this (press talk)? And, then you people say that
judges do not work.”
Supreme Court Bar Association (SCBA) President Yasin Azad said the
sentences uttered by Awan are wrong. Meantime, Vice Chairman of Pakistan
Bar Council Latif Afridi was also summoned at the rostrum, who said,
‘We stand by the judiciary on the issue. We will not allow anyone to put
the judiciary to ridicule.”
The CJ said the Bar and the Bench are in complete harmony. Azad
prayed to the bench for some time to seek a way out but court did not
give any chance to hi and ordered that Babar Awan was enrolled as
Advocate of this Court on 29.05.2000 and status of Sr. ASC was conferred
upon him on 29.05.2008. Presently, he is appearing in Reference No. 1
of 2011 sent by the President of Pakistan under Article 186 of the
Constitution.
Court says that “hearing of the Reference, considering it to be one
of the most important matters, is pending in this Court for the last few
months. On 04.01.2012, a notice of contempt of Court was issued to him
by a Bench of this Court comprising two Judges in respect of a press
conference addressed by him on 01.12.2011.
After receipt of notice, he addressed the electronic media at the
podium of the Supreme Court Gate and perhaps when inquired from him
about issuance of the notice, he stated that in the past too, criminal
cases were registered against him when he was conducting the cases of
Mohtarama Benazir Bhutto and the incumbent President Mr. Asif Ali
Zardari and concerning the contempt notice issued to him, he uttered the
following words: –
This utterance made on the electronic media was telecast by different
channels, which believably had been seen by a large number of people.
The apex court says that the content of the utterance, the gestures
made and the body language were indicative of an attempt to ridicule the
Court. We have inquired from Dr. Babar Awan about it, who instead of
denying the same, stated that the words uttered on the television in
fact reflected respect.
To fully appreciate the content and the manner of what he said, we
asked the Secretary Information to make arrangement for displaying the
relevant video clips.
Accordingly, on multimedia affixed in the courtroom, DVD was played
which was not only watched by the senior members of the bar, but also by
Mr. Yasin Azad, President, Supreme Court Bar Association and Mr. Latif
Afridi, Vice Chairman, Pakistan Bar Council. Both of them have condemned
the same.
Court says in order that Latif Afridi went to the extent of saying
that these things should not have happened and in any case he would
stand by the judiciary in the matter.
Court observed that we believe that interaction between the Bench and
the Bar depends upon mutual respect, adding that irrespective of the
fact which Bench issued the notice, the fact remains that it was part of
the judiciary, therefore, a person who is a senior counsel appearing
before the Supreme Court.
Court says that instead of uttering the words reproduced above and
making gestures as if he (Babar) had no care for the issuance of the
notice because prior to the utterance under consideration, he said that
in the past too he had been charged with criminal cases for conducting
the cases of Mohtarama Benazir Bhutto and Asif Ali Zardari.
Court says that we do not know those facts, but 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 as to
why his name be not removed from the Roll of the Advocates of this
Court.
SC has directed Registrar to hand over copies of the notice and the
DVD to Dr. Babar Awan, which shall be furnished to him by the Secretary
Information during the course of the day. He may file reply to the
notice on or before 09.01.2012. The court postponed the hearings of
reference till the next date of hearing on January 09. SANA
