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Second strike could cost Awan his coat
Court serves second contempt notice on Awan, threatens to cancel his licence.
After examination of Awan press conference, the court felt that it was appropriate to take up the matter. PHOTO: INP/ FILE
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 6th, 2012.
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Reader Comments (45)
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All 17 judges should devote themselves fulltime against the elected govt. There is no reason to attend to the more important cases including murder appeals, legal petitions, missing persons, Abbottabad, Mehran Base, etc.
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A man with the integrity of Justice Jawad S Khwaja should not have to put up with the likes of Babar Awan. The SC should cancel his license and send him the lock up for a night.
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Not only his licence should be cancelled but he should be held in contempt and punished.
The Honourable Supreme Court should be respected by all and it’s order followed.If this is not done there will be anarchy.
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Yes, please cancel Babar Awan’s license. I just hate this guy. He thinks he is above every law in the country. He even gives harsh comments on religious matters too.
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From both the sides ; must not be making the fun of it.This is the highest Judicial forum of the country ,which is being dragged openly in public discussions, it never looks good and dignified.
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This guy need to be punished. He has made a mockery of pakistan nation, supreme court.
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He is in the habit of doing so. Must be reined in ,
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supreme court should also take notice of Asma Jangir. All competent lawyer should be banned because they struggle for independent judiciary.
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Its sad state of affairs that persons having Govt portfolis are issuing irresponsible statements agaisnt the supreme court, without caring of their own respect (which is doubtful) and respect and will of people of Pakistan who mandated the Hon’ble Supreme Court under Article 184, 185, 186 etc, through constitution of Pakistan.
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I expected SC to come up with something better than a primary school playground level rhetorical question.
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Contempt of court is a tricky business.
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zardari raised a very pertinent question that why could the chief justice only see the cases against the sitting government. so i also ask iftikhar chaudry, what about the asghar khan petition against the ISI’s high handedness.Recommend
i dont hate awan but agreed with you people that court should act lawfully against every person having tone like this. secondly we expect from the elected govt more to honor the institution of pakistan (parliment, army, judiciary, PIA, Railway……..etc) and set some good examples. We vote them for rule of law not for dialogues………………..
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He should be sent to jail in contempt of apex court and also apex court should banned his entrance in the court for life time.Recommend
This man must be answerable to the Honourable courts and must be examplery punished because he always seems to be joking on the SC decisions.
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Babar Awan has an insulting attitude towards the judiciary and repatedly hurls insults. He should now be properly punished so that he becomes an example for his community. The best would be that his license to practice is cancelled and he is jailed the max,provided under the contempt proceedings.
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need to be punished to make him as an example to others for his insulting behaviour…
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this guy should be granted examplary punishment..
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Judges restrivt themselves to narrow legal domain, and no one would dare make such statements.
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Contempt proceedings are to protect courts impartiality and integrity. It is not a cover to hide from valid criticism.
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My dad, 3 uncles and others have filed a case in 1960. All of them have died except one. The case is still lying in the High Court. Only 4 dates of hearing has been held during last 15 years. The corrupt people and polititions have been freed by the law and justice. In these circumstances haw can I trust these courts.
The act of Babar Awan is supported by me.
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As a nation we have suffered immensely due to our ‘sub chalta hai’ or ‘mitti paao’ attitude. With sickening regularity we see rules and regulation being flouted, yet we choose to condone these violations and prefer to look the other way. Inevitably we have reached a situation where the highest seat of justice in the country is repeatedly ridiculed in public and broad daylight with impunity (so far). Mr Awan would have shown more restraint and respect for the Judiciary, had he been held accountable for the earlier insults and abuses he chose to hurl at the Courts. It is a sorry state of affairs that while the big and mighty of this land bask under the cover of so called ‘immunity’ and ‘supremacy’, the common man has been deprived of even the basic necessities of life.
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Where does freedom of speech end and contempt of court begin? Where is the line between expressing your personal point of view regarding a decision of the court and being contemptuous?
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I think enough is enough. Sc shd act firmly to save its dignity, otherwise it will become a laughing tool for every1. This attitude of helplessness will not work and these people will make a joke of judiciary, in fact they already have.
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@Nazar
Where does freedom of speech end and contempt of court begin?
When banned terrorist organisations hold public rallies lauding Qadri and when the Judge is made to run for his dear life, it constitutes freedom of speech.
And when you question an unsigned memo it constitutes contempt of court.
Simple, ain’t it.Recommend
Mirza, Why are you defending this govt. and what this govt delivered for the people of Pakistan???
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Mr. Awan should be given examplary punishments so that the likes of him, never dare make a contemptous statement against the court.
Judges – you have already shown more than necessary patienceRecommend
@Mirza:
This would only be possible if Jayallas stop wasting courts time and resources. ZAB case is one such example.
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he should be punished
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if he was not punished,then everyone would start ranting against courts.he must be given such a punishment so that no one may dare to humiliate courts in futureRecommend
Awan seems pretty sure that he wouldn’t be accountable for the foolish and irresponsible statements which he use to make all the time.
SC has given him enough time and chances and showed lot of patience so that he might be recover from his mentality but …latoon k bhoot batoon say nahin mantay…Recommend
Supreme court should take serious action
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When push comes to shove the SC has no ability to enforce it’s decisions and must rely on public outcry as it’s enforcement tool. That’s precisely why the SC should focus only on the big issues and quit trying to micromanage events – trying to make a major issue out of a minor one will end up hurting the SC more than it’s intended target.
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The courts in Pakistan seem to be the worse of the 3 branches of government ( In case of pakistan , 4 branches of government as the ISI/Army is the supreme branch ) . In my opinion the two most worst are Judiciary and army while the legislative and democractically elected one is the least worse of them.
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I don’t belong to politics and I don’t belong to any party I swear on God. But even to a guy like me , and I’m sure I’m wrong, I can’t help asking, aren’t our suprior court judges giving the impression of being biased? Perception is everything. Respect should be commanded. Not demanded or enforced by threats or danda. Especially when you are in a position of trust.
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@Cautious:
Words of wisdom. If only someone would care to listen.
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It is time for Judiciary to act now, or resign and go home and let the some coureagious judges to sit, who can protect respect of Supreme Courts.
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Now that is a thick skinned politician !
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@Ehsan:
There are several ways that any process, including the judicial process can be accelerated. First, frun the courts on shifts 24/7. Second, allow cases to be heard by retired justices. Three, increase punishment for perjury.
This is a systems approach. Madadgar Pakistan is a systems based political party and has this approach. If this makes sense, tell others. If not, tell me.
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“Let then our first act every morning be to make the following resolve for the day: I shall not fear anyone on earth. I shall fear only God. I shall not bear ill will toward anyone. I shall not submit to injustice from anyone. I shall conquer untruth by truth. And in resisting untruth I shall put up with all suffering”
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The Supreme Court needs to cancel his license for ever and find him in contempt and therefore bar him from politics
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Enough is enough. This man despite a lawyer thinks he is above law. He doesnt deserve to wear the black coat any more. SC must cancel his practicing licence permanantely to set an example.
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@All bloggers
Supreme Court of Establishment(SCE) will do what they think suits the power equations of Establishment vs. all parties( Govt bureaucracy, press). Why is SCE coming out sop biased? no wonder “DR” Babar Awan of monticelli university fame, sounding so confident! he is sure that SCE cant perpetuate any crisis.
No one who retires must be given extensions. they are not fit to do anything good in those extension days( Chaudrey/kayani/Pash- all got extensions)Recommend
I think Babar Awan’s license should be cancelled and he should be jailed. What precedent our rulers setting by not obeying the court orders. What will happen if tomorrow a police officer refused to obey government orders on the same pretext.
This immature and non-serious government is bound to create anarchy in the country and they should leave the helm of affairs and should call fresh elections immediately.
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That’ what he deserves !
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