Court proceedings against Babar Awan from January 4

The Supreme Court will start formal proceedings against Dr Babar Awan from January 4 for addressing an alleged contemptuous press conference on December 1, 2011 against the apex court’s decision to accept Pakistan Muslim League-Nawaz President Nawaz Sharif’s petition in the memo case.
According to the declaration passed by the Supreme Court on Saturday: “After perusal of transcription of the press conference dated December 1, 2011 addressed by Dr Babar Awan, in presence of three others as well as reply/reaction of the Prime Minister dated December 23, 2011 and December 26, 2011 filed through Maulvi Anwar-ul-Haq, Attorney General for Pakistan, it is considered appropriate to take up this matter on judicial side. Thus, office is directed to place the matter before Bench No. 6 on January 4, 2012 for proceedings in accordance with law.” The two-member bench, comprising Justice Ajaz Rahim and Justice Athar Saeed Sheikh, will conduct a hearing on this matter on January 4. Meanwhile, the Supreme Court has sent the copies of its orders regarding the declaration of the memo case being worthy of hearing to all parties.
The orders state: “After having heard the parties and having taken into consideration the relevant provisions of the Constitution and the law, judgements cited on behalf of both the sides and the pleadings of the parties carefully, we hold as under: (a) In exercise of powers of Judicial Review, we hold that in these petitions, petitioners have succeeded in establishing that the issues involved are justiciable and question of public importance with regard to enforcement of fundamental rights, prima facie, under Articles 9, 14 and 19A of the Constitution has been made out. Thus, the petitions under Article 184(3) of the Constitution are maintainable. “(b) To delineate measures with a view to ensure enforcement of the fundamental rights noted in para ibid, a probe is called for to ascertain the origin, authenticity and purpose of creating/drafting of Memo for delivering it to Chairman of the US Joint Chiefs of Staff Admiral Mike Mullen through Gen (Retd) James Logan Jones, former US National Security Adviser. Thus, in exercise of powers conferred upon this Court under Article 187 of the Constitution, Order XXXII, Rules 1 and 2 read with Order XXXVI of the Supreme Court Rules, 1980 coupled with the principle of Civil Procedure Code, a Commission is appointed.”
The court order appointed Balochistan High Court Chief Justice Qazi Faez Isa the chairman of the commission and named Islamabad High Court Chief Justice Iqbal Hameed-ur-Rehman and Sindh High Court Chief Justice Mushir Alam its members. Islamabad District and Sessions Judge Raja Jawwad Abbas Hassan was appointed the secretary of the commission.