NRO battle begins: CJ asks why govt wants repeal of ‘black law’ verdict

Supreme Court says if Babar Awan is allowed to appear then it would set a precedent.

ISLAMABAD: Resuming its hearing of the National Reconciliation Ordinance review appeal case after seven months on Monday, Chief Justice Iftikhar Muhammad Chaudhry questioned why the federation wants to get the court’s judgment on a dictator’s “black law” repealed.

While heading a full court comprising all 17 judges, the chief justice said no NRO beneficiary had filed a review appeal in the Supreme Court after the cases were reopened, except for the incumbent democratic government.

The court allowed former law minister Baber Awan to appeal the case on behalf of the federation on merit, but added that the issue of allowing the federation to change a counsel in the case will be decided later.

Alleged threats to Kamal Azfar

The CJ asked why Kamal Azfar was disengaged from arguing the review petition.  “He was appointed as adviser to the prime minster,” Awan replied at which the chief justice asked: “For how many days was he appointed the adviser, only for ten days?”

The chief justice said that Azfar had complained to the court in writing that he and his wife were threatened by a lawyer. He is one of the most senior advocates of the Supreme Court and is respectable for all of us, the CJ said, adding “the court will address the issue of the alleged threats in its judgment.”

Awan said Kamal Azfar was appointed as governor during the incumbent regime and was never threatened.

The chief justice said that this is a serious issue and even Awan could be threatened one day, to which the former law minster replied: “I am always receiving threats; my family is used to it now.”

The CJP told Babar Awan that either him or another senior government official must give a written undertaking that Azfar is safe and out of danger. “The way he was humiliated must be on record,” the chief justice said.

Justice Asif Saeed Khosa asked Babar Awan why the federation wants to engage a lawyer when they have the attorney-general of Pakistan. Awan replied that every individual has the right to engage a lawyer of choice under the Constitution.

Ambiguity in judgement

“Do you see any ambiguity in the NRO judgment since you are representing the federation in the review appeal?” Justice Shakirullah Jan asked. Awan said he finds many flaws in the judgment.

“If we set a new precedent by allowing the federation to change its counsel in the review appeal how can we stop anyone else from doing so in the future?” Justice Jawad S Khawaja asked Awan.

Awan said the federation had been allowed to change a counsel in this case earlier and the court should treat everyone equally. Giving reference to a particular case, Awan said the court had allowed a change in counsel three times.

In April, after Azfar said he was being threatened from pleading the NRO case, the SC allowed Additional Attorney-General KK Agha to represent the federation.

“We will take up the issue of allowing change of counsel to the federation later, in the meantime you may present your submissions on the merit of the appeal,” the CJ said.

“I need some time to prepare the case,” Awan said, but the chief justice turned down the request saying, “The last hearing of the case was conducted on April 19, the federation could prepare the case in seven months.” However, he gave Awan one day to prepare his case until the next hearing on Tuesday (today).

Published in The Express Tribune, November 22^nd, 2011.