An 11-member bench of the apex court found no humour in federation lawyer Babar Awan’s poetic jibes at the judiciary, and temporarily suspended his licence on Tuesday for “attempting to ridicule the court.”
The move comes a day after another bench of the apex court served a contempt notice to Prime Minister Yousaf Raza Gilani in the National Reconciliation Ordinance (NRO) implementation case.
Tuesday’s bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, asked the federation to appoint another counsel in place of Awan and adjourned the hearing of the Bhutto reference indefinitely. Awan was first issued a contempt notice by a two-judge bench of the apex court for passing inappropriate remarks against the judiciary at a press conference following the December 1 order on the formation of a commission to probe into the Memogate scandal.
While talking to the media, Awan mockingly gave an impression that the issuance of notice meant little to him. The comments got Awan into even hotter water.
Court’s considerations
The bench said it would become very difficult to administer justice if attempts were made to lower the prestige of the apex court in the eyes of the general public.
In Awan’s case, the bench said, the element of mutual respect between the bar and the bench was missing.
“This institution, being the apex court, under the constitution deserves to be respected by all concerned, particularly the advocates and the members of the legal fraternity,” the bench said.
Awan was also directed to request the registrar to fix his case before the bench after engaging a counsel and filing a reply to the contempt of court notice. The court directed the registrar to collect the record of Awan’s enrolment as an advocate of the Supreme Court from the Pakistan Bar Council and as an advocate of High Court from the Punjab Bar Council.
The bench also called for a record of the case where Awan was issued a contempt notice by the Lahore High Court.
Mixed reactions
Awan’s suspension, however, evoked a mixed reaction from the legal fraternity.
Former Supreme Court Bar Association (SCBA) president Ali Ahmed Kurd opposed what he called was ‘restricting lawyers from speaking out.’
“If we had taken the contempt law under consideration, we could not have undertaken a struggle against the [former chief justice] Dogar court,” Kurd told reporters outside the Supreme Court.
Another former SCBA president, Asma Jahangir, however, was more cautious. Speaking to reporters, she said that all stakeholders should step back and allow others their space to function.
Published in The Express Tribune, January 18th, 2012.
COMMENTS (39)
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Some hope that the strong stand taken by SC will eventually help in the truth coming out.
He has already been banned by Rawalpindi Bar Association where he started practice - President should get a qualified lawyer (not a doctor)
The punishment awarded is too mild. He should have been given full dose by canceling his license & convicting him for at leas a day or till rising of the Court .
@John B
Criticism is ok. This issue is not about criticism. Making fun or mockery is not ok. I live in US and I see people strongly criticizing Judiciary but i have not seen anyone ( especially a public person/politician) mocking Supreme Court orders like this person ( Babar Awan) was doing.
Judiciary priorities are evident now, taking up cases against govt. on priority, hastly fixing them before benches. No priority to a reference send by the President of the state. Well done judiciary
@junaid: "strongly condemned the Court’s Order……….Bad Decision………..!!!!"** ------ Very very bad decision, indeed-----------I join you in this condemnation of a bad order, given with malicious intent.
@jai zardari: "Reply when a court holds prime ministers and senior lawyers and judges in contempt then that court has lost its respect if Evey one is insulting them then these judges have lost their credibility and should resighn".........Right, very right! Thank you for your courage to speak the truth so clearly.
Courts are not above criticism and contempt of courts are intended to comply order in judicial proceedings only. What will the courts do next, ban free speech with the threat of contempt?
If courts come under increasing criticism it is high time for the courts to clean up their acts.
Contempt order was due on him long time ago.. This guy usually speaks course language..
@Ajay Malhotra: I agree with you
we hardly follow any LAW
I bet hes not even a proper lawyer.. They used to say Dr. Babar Awan, all of a sudden its just Babar Awan..
Unfortunate, very unfortunate indeed. There just can't be any justice or perception of a fair and independant judiciary when the highest court of a country so blatantly "meddles in political matters" and becomes so partisan like we see here.
"The court has also sought the complete educational record of Awan."
Enter Aitzaz
This guy has nothing to do with justice and respect for institutions. he's just His Masters Voice.
Alas! the Axe came down on him. Very poor specimen of a lawyer cum politician. Any one who to humiliates and mocks at the judiciary should be held for contempt. Such specimens are now at the helm of affairs in our country. No wonder, why the nation is in a nose dive. They are not even ashamed of their conduct. Hope his license in permanently cancelled and he is sent to jail. We need clean, honest and educated politicians in our Assemblies.
when a court holds prime ministers and senior lawyers and judges in contempt then that court has lost its respect if Evey one is insulting them then these judges have lost their credibility and should resighn
utter nonsense and waste of time....why doesnt the CJP take up normal litigant's cases and dispence justice for a change, why is he meddling with political matters, while litigants from all over the country suffer?
What goes around comes around also
A person's actions, whether good or bad, will often have consequences for that person
Bravo ! CJP
He had been warned, nice one SC!
Bravo Dr. Awan. I am your fan now.
just excellent!!!!1 he should be banned for lifetime
I am sure that Babar Awan is least disturbed by it.. after all he showed his faithfulness to the King. That is what mattered most for him.
Let's see; if lawyers beat up people including policemen then lawyers’ licences are not cancelled. If lawyers storm the courts when judges do not give judgements to their liking then lawyers’ licenses are not cancelled. When lawyers celebrate murderer and thus openly justify extra-judicial killing then lawyers’ licenses are not cancelled. However licence is cancelled for making a mere comment.
Supreme [I take it Personal] Court :)
he needs punishment, this is not enough, may be a six month jail term would have done better along with canncelling of the license.
finally he got an excuse for his failure ...
"I could have won the case IF court didn't canceled my license" ... Babar Awan.. :P
Bravo....
Thank to SC at least it has taken action against a man who is mastermind of all misdeeds.
will someone make that suspension permanent please?
Here they go ! Delaying tactics in even hearing a case against their own ex-colleagues and institution. Hypocricy at its best. After practicing for almost 25 years, only of today his educational record is under scrutiny.
Should/must have been permanently cancelled..
It was evident right from the statements of Babar Awan that his license would be suspended as he over reacted at various points and forums.
There are more lawyers who misbehave wit their clients but such matters does not come in the knowledge of the courts.
Now let the Babar Awan face the music and see how he reacts now.
Well done.Better late than never!!