Contempt case: Babar Awan asks SC for Arsalan Iftikhar-like treatment

It does not matter if court ceases my license, takes back senate seat, says Awan.

ISLAMABAD: Former Law Minister Babar Awan cited two high profile suo motu cases as a precedent to decide his contempt of court case: the manhandling of Chief Justice Iftikhar Muhammad Chaudhry in 2007 and the case of his son Dr Arsalan Iftikhar.

Awan, arguing in his contempt of court case before a two-member bench of the Supreme Court, said that he was being discriminated against, adding that the court had forgiven serious contemnors involved in the manhandling of the chief justice when they tendered an unconditional apology.

Awan also asked the judges to refer his case to a proper forum for decision as they had done in the Arsalan Iftikhar case.

He said that Arslan’s case was decided very smartly and asked why such a procedure was not being applied to other pending cases.

Awan told the bench that the prosecution could not provide any incriminating evidence against him in the case.

“If the result of the proceedings is acquittal, who will then be responsible for the damage done to me during the lengthy trial?” enquired Awan.

He said that he was being held in the contempt case because he was a senior lawyer of the apex court. Awan said that the judgement in Arsalan's case was commendable and he too appreciated it but asked why Article 10A of the Constitution, that was introduced when he was law minister, was not being applied in his case so that he could also get the benefit of due process.

He said that the same practice was repeated in PML-N MNA Anjum Aqeel’s case and the Supreme Court referred his case to the proper forum.

“The Supreme Court should have referred his case to the Pakistan Bar Council even before his objection in this regard,” Awan said.

Justice Ejaz Afzal Khan told Awan that if the court reaches the conclusion that it was professional misconduct on his part, then his case could be referred to the proper forum for disciplinary action.

Awan, however, asked the Supreme Court if it was the appropriate time for considering his unconditional apology as the trial was in its final stages and after that the court would announce its judgement.

He also cited a case in which an alleged contemnor withdrew his unconditional apology when the court proceeded further once he had tendered the apology.

But Awan said that he did not follow this precedent out of respect for the court.

The court told Awan that his intra-court appeal was turned down when he asked for a larger bench to consider his apology and he should not press the same issue again and again.

“Presently, there is no contempt of court law in the country,” he said, adding that he also referred the statement of prosecutor in the case Attorney General of Pakistan Irfan Qadir in this regard.

During the proceedings, Awan also quoted Hadiths and cited verses from the Quran before the bench. After concluding his arguments, Awan pleaded to the court that his case should not be heard on Friday because many people “will be spared tonight Shab-e-Barat for worship”.

Saying he had faith in Allah, Awan said it did not matter if the court ceased his license. He said that he will not care if his senate seat will also be taken back from him. The court adjourned his case till tomorrow (Friday).