Contempt charges: SC to decide Babar Awan’s fate on April 24

Apex court observes that it will frame charges before considering apology.

ISLAMABAD:

The Supreme Court on Thursday decided to announce judgment on whether to accept Senator Babar Awan’s unconditional apology or to frame contempt of court charges against him on Tuesday (April 24).

A two-member bench comprising Justice Ejaz Afzal and Justice Athar Saeed heard the case. Contempt of court proceedings were initiated against Awan after he criticised the Dec 1, 2011 verdict of the apex court pertaining to the formation of a judicial commission to investigate the Memogate scandal.

Ali Zafar, the counsel for Babar Awan, contended that the purpose of contempt of court proceedings was not to punish anybody but to uphold the dignity of the court, adding the court’s dignity could be upheld in two ways: either the contemnor tender an unconditional apology or the contemnor is tried because he refuses to apologise.

On April 10, Mr Awan tendered an apology to the court, especially to Justice Asif Saeed Khosa against whom he had launched a tirade by openly attacking him for being the brother of Tariq Khosa.

The counsel went on to state that the court should provide reasons for proceeding with the case, even after Awan had tendered an unconditional apology to the court. Questioning why the court was departing from the established procedure in contempt cases, Zafar remarked: “You are free to decide but it should be in accordance with law,” Zafar said.

During the proceedings, Justice Athar Saeed observed that Awan had waited until the last hearing to tender an apology, adding that it was only when the court decided to frame charges against him that he did so.  Meanwhile, Justice Ejaz Afzal said that the preliminary stage of the case had already passed, adding that even if the respondent tenders an unconditional apology, it is now the court’s discretion to accept it or not.

“We have decided to frame the charges,” Afzal said.

Awan’s counsel went on to press the court for reasons for proceeding with the case if Awan’s apology was not being accepted, but the court observed that the reasons for their judgment would be recorded later and adjourned the case for Tuesday (April 24).

Published in The Express Tribune, April 20^th, 2012.