Defamation suit: IHC gives Babar Awan a week to submit reply

Former CJP’s counsel says Awan has personal bias against Chaudhry

ISLAMABAD: The Islamabad High Court (IHC) on Friday sought a reply from Babar Awan after former chief justice of Pakistan (CJP) Iftikhar Chaudhry’s counsel objected that Awan could not argue against Chaudhry in the case since he was biased against the former CJP.

Awan is representing Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in the Rs20 billion defamation suit filed by Chaudhry against Khan. The former CJP had filed the suit against the PTI chief for dragging him into rigging allegations in the May 2013 general elections.

The court has given a week’s time to Awan to submit his reply.

On Friday, Justice Noorul Haq Qureshi resumed hearing of the case pertaining to a district and sessions court’s order imposing a fine on the PTI chairman’s attorney.

When the case was taken up, the counsel for former CJP Sheikh Ahsanuddin objected that Awan could not represent the PTI chairman because he held certain preconceived notions and personal bias against him due to certain judicial orders.

Over his objection, the court directed Awan to submit his reply in one week.

The PTI chief has gone to the IHC requesting the court to set aside the sessions court’s orders imposing the Rs500 fine on his counsel. Khan has also requested the court to set aside the lower court’s order.

On May 30, a sessions judge imposed the fine on Awan for not submitting a reply to the application filed by the former CJP. The IHC had, however, suspended sessions court order and issued notices to the respondents in the case.

Earlier, Chaudhry had also requested the sessions judge to reject Awan’s power of attorney. “Morally, ethically and legally Awan cannot appear in this case against my client because of a ‘conflict of interest’ as laid down in rule 148 of the Pakistan Legal Practitioners & Bar Councils Rules, 1976,” Ashanuddin had maintained.

He said Awan had mala fide intentions against his client as the former CJP had passed several orders against Awan when he appeared before the apex court in various cases previously.

Awan was the law minister in the Yousaf Raza Gilani-led government when the former CJP had suspended his licence to practice as a lawyer on contempt charges. The apex court had declared Awan guilty of ridiculing the court in December 2011. In May 2014 the court restored the licence after Chaudhry’s retirement.

Published in The Express Tribune, September 5^th, 2015.