Demanding ‘justice’: Why focus on contempt cases, Awan asks SC

Former law minister asks court to take notice of pro-judiciary rallies.

ISLAMABAD:


While resuming arguments in his contempt of court case, former law minister Babar Awan said before the Supreme Court that there looms a general impression worldwide that despite considering constitutional matters, Pakistan’s apex court was only focusing on contempt cases.


A two-judge bench of the Supreme Court – comprising Justice Ejaz Afzal Khan and Justice Muhammad Ather Saeed – was hearing the contempt of court case against Awan for addressing a “contemptuous” press conference regarding the infamous Memogate scandal.

Expressing concern over the increasing number of contempt of court cases, Awan contended that the number of these cases in Pakistan were far more than in any other country’s court.

He urged the bench to take notice of the public rallies and press conferences in favour of the judiciary because under Article 204 of the Constitution, influencing the court’s process is also in contempt of court. In response, the bench asked Awan not to repeat this argument again and again. Upon this, the former law minister raised objection and asked why he could not talk about certain politicians who were publicly expressing their solidarity with the judiciary by arranging rallies and observing sit-ins. He also asked the court why no action was being taken in this regard.

“The case against me is that I have given a statement that the father-in-law of a sitting judge hanged Zulfikar Ali Bhutto,” said Awan. He argued that one of the judges on the bench had already said that even if others were to pardon him, he would not pardon Awan — reminding the judiciary that a judge’s oath restricted him from making such remarks.


Awan complained that for the past six months he had been requesting the court to hear his application regarding the suspension of his licence but no positive response was forthcoming.

“Why I am being treated differently?” he asked the bench.

While adjourning the hearing, the bench asked Awan to conclude his arguments by Friday.

Contempt of law bill

While talking to the media after his hearing, Awan declared the fate of Contempt of Court Bill 2012 like that of the National Reconciliation Ordinance (NRO). “Though the bill would be passed and cleared by parliament, it will not pass and clear judicial scrutiny.”

“The new contempt law would benefit me but I do not like confrontations between institutions,” Awan maintained, adding that the new law was in violation of Articles 4, 9, 25 and 204 of the Constitution.

Regarding the dual nationality bill, he said this law would create problems for the security of Pakistan internally and externally since nationals of other countries could obtain Pakistani passports and become legislators.

Published in The Express Tribune, July 12th, 2012.
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