Irked by the “unbecoming behaviour” of former law minister Dr Babar Awan, the Supreme Court on Thursday abruptly put off the hearing of the presidential reference and issued another show-cause notice to Awan, asking him to explain why his licence to practice law at the SC should not be cancelled.
“We are the issuing authority and have the powers to cancel the licences as well,” Chief Justice Iftikhar Muhammad Chaudhry remarked before issuing Awan the second show-cause notice in 24 hours.
“Prima facie, we are of the view that the conduct of Dr Babar Awan is unbecoming of an advocate of the SC, therefore, we issue notice to him under Rule 30 of Order IV of the Supreme Court Rules, 1980 to explain why his name should be not removed from the roll of the advocates of this court,” the court said in its order. The court was scheduled to take up for hearing the reference filed by President Asif Zardari seeking a revisit of the death sentence awarded to former prime minister Zulfikar Ali Bhutto.
When the 11-judge bench headed by the CJP began the proceedings and Abdul Hafeez Pirzada, one of the amicus curiae, proceeded to resume his arguments, the chief justice called Babar Awan to the rostrum. He asked Awan to respond to the first show-cause notice served on him for passing derogatory remarks against the judiciary at a press conference with four other PPP leaders after the court ordered formation of a judicial commission to probe into the memo controversy.
The chief justice drew Awan’s attention towards a news item according to which he had stated that the notice had been served on him because he was the federation’s counsel in the presidential reference and the purpose was to render his arguments ineffective. Instead of giving a clear reply, Awan asked the CJP to see other papers as well, saying, “I have been called a barber.” He said the court should also take notice of such comments against a senior lawyer, adding that his words uttered on television in fact reflected respect.
“OK, we can watch the footage aired by various TV channels and then proceed further,” the chief justice said. The proceedings were adjourned for 10 minutes to make arrangements to play the video footage and finally the footage was played in the courtroom showing Awan saying that in the past also, criminal cases were registered against him when he was conducting cases of Benazir Bhutto and Zardari.
He also recited a couplet in Punjabi meaning that “nothing happened despite issuance of a notice. Why make a complaint to the darling and why not to welcome it”. Other members of Awan’s legal team were shown derisively laughing at the prank.
The court asked senior lawyers, including Supreme Court Bar Association (SCBA) President Yasin Azad and Pakistan Bar Council (PBC) Vice Chairman Latif Afridi whether the words and gesture amounted to bringing the court to ridicule. Both condemned the remarks and said they could not approve such a conduct from a senior lawyer like Awan, but asked the court to exercise restraint in order to avoid confrontation between institutions.
The chief justice said there was no confrontation between the organs of the state and all institutions, including the judiciary, legislature and the executive, favoured rule of law and constitution. Aitzaz Ahsan said the court was seized with a very important presidential reference that must not be detracted intentionally or unintentionally due to this matter. He said the entire nation was awaiting outcome of the reference and requested the court not to press the matter.
The chief justice agreed that it was a historic and important reference, saying, “We are bound to hear it as our duty. We are not obliging anybody by hearing it.”
He said the court would continue hearing the reference and would hear all lawyers, but said the matter of contempt could not be ignored, as it involved the court’s dignity.
The three senior lawyers asked the court to give them 30 minutes to find out an amicable solution, but Justice Jawwad S Khawaja took a firm stand by saying that it was not a matter of some individual but a question of the respect of an institution being served by him for the last thirty years.
He said he would not support the idea even if all other members of the bench agreed to show leniency.
The CJP then asked Awan the date of his enrolment as a SC lawyer and ordered the registrar to put up Awan’s file before the bench when Awan said he did not remember the exact date. “We do not issue licences to lawyers who behave like this,” the chief justice said.
After the file was made available to the bench, it was found that Awan was enrolled as an advocate of the SC on May 29, 2000 and was conferred upon the status of senior advocate on May 29, 2008.
Passing a short order, the court issued a show-cause notice to Awan, asking him to file a written reply by January 9, explaining why his name should not be struck off the roll of advocates of the SC.
The court order said the content of the utterance, the gestures made and the body language were indicative of an attempt to ridicule the court.
It said interaction between the bench and bar depended upon mutual respect. “Irrespective of the fact which bench issued the notice, the fact remains that it was a part of the judiciary,” the court said. The hearing was later put off until January 9.