Second strike could cost Awan his coat

Court serves second contempt notice on Awan, threatens to cancel his licence.

ISLAMABAD: The judiciary will have none of the ruling party’s theatrics.

The Supreme Court on Thursday served a second contempt notice, in as many days, on Pakistan Peoples Party’s vice president Dr Babar Awan, and threatened to cancel his licence until he gives them a good reason not to.

The apex court also adjourned hearing of the presidential reference for revisiting the Zulfikar Ali Bhutto murder case until Awan tenders an unconditional apology for ‘ridiculing’ the superior judiciary.

Earlier on Wednesday, the apex court issued similar contempt notices to the PPP’s top cadre, including Awan, for criticising the Supreme Court’s order in Memogate case at a press conference on December 1, 2011.

The court sought a reply from Awan by January 13 on “Why contempt of court proceedings may not be initiated against him and those who accompanied him [at the December 1] press conference.”

What caused the second notice?

Awan, after receiving the first contempt notice on Wednesday, addressed the media in front of Supreme Court’s building and said: “Notice milya, kakh na hileya, kyun sohneyan da gila karan. Mai lakh wari bismillah karan.” (The notice was issued but nothing happened, why should I complain? I will always welcome such moves.)

An eleven-member bench of the Supreme Court, headed by the Chief Justice Iftikhar  Muhammad Chaudhry, took serious note of the court’s ‘mockery’ at the outset of reference hearing on Thursday.

“We cannot proceed further until the court is respected,” the chief justice observed, ordering the information secretary to present news clippings and footage of Awan’s talk with media on Wednesday.

The footage was played in an open court, in the presence of senior members of legal fraternity including president Supreme Court Bar Association (SCBA) Yasin Azad, vice chairman Pakistan Bar Council (PBC) Latif Afridi, Barrister Aitzaz Ahsan and Abdul Hafeez Pirzada.

‘Disparaging’ for judiciary

After the clip was played, the bench observed that the content of the utterance, the gestures made and the body language were indicative of an attempt to ridicule the apex court.

If the court can issue licences, it can also cancel them, the chief justice observed, asking Awan why he had ridiculed the judiciary.

Awan argued that the court cannot take a decision without hearing him. He said that criminal cases were registered against him in the past too when he was arguing former premier Benazir Bhutto and President Asif Ali Zardari’s cases.

“The words uttered on the television in fact reflected respect for the judiciary,” he said.

The words used were not for an individual but for the whole judiciary, Justice Jawad S Khawaja remarked.

“I always say that people can criticise judges, too, but Babar Awan’s utterance on media is too much. It was disparaging for me, after serving judiciary for 36 years,” Justice Khawaja said.

Condemnations

Sensing the escalating tension between the bench and Awan, SCBA president Azad and PBC vice chairman Afridi intervened, and condemned Awan’s conduct.

In the case of a clash, Afridi said he will stand by the judiciary, but requested the court to be patient.

“We believe that interaction between the bench and the bar depends upon mutual respect,” the chief justice said, adding that a senior counsel appearing before the Supreme Court should not have uttered these words.

Aitzaz Ahsan also expressed his regrets over Awan’s behaviour, saying the reference was sent by the president and the whole world was following the developments.

Later, the chief justice issued a notice to Awan, asking him to submit a reply by January 9, explaining why his name may not be removed from the roll of the Supreme Court.

The court also postponed the proceedings of the presidential reference until Awan tenders an unconditional apology by January 9, or earlier than that.

Published in The Express Tribune, January 6^th, 2012.