Contrary to the usual practice, the Supreme Court on Monday allowed Babar Awan to advocate a convict in his review petition against his death penalty. A three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Khilji Arif Hussain and Justice Tariq Parvez, had taken up a review petition filed by Khalid Saifullah against his death sentence. According to the SC rules and practice, only the lawyer who represents an appellant can represent him in the review plea.
Change or replacement of the lawyer is not allowed at the review stage. During the hearing, appearing for Saifullah, Awan stated that on the last date of the hearing, the government had hired a counsel for the convict, but he could not argue the case properly, thus he wanted to appear in his place. He said the SC rules on the change of counsel should be amended and the petitioner should have the right to hire the counsel of his choice at any time. He pleaded that it was a matter of life and death, therefore he should be allowed to appear in the case. The court accepted his plea.
