The Supreme Court on Wednesday granted permission to former law minister Babar Awan to withdraw his intra-court appeal filed against the decision of a two-member SC bench for framing charges against him in a contempt of court case.
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain heard the intra-court appeal.
Barrister Ali Zafar, counsel for Awan, sought permission to withdraw the appeal after he failed to point out any precedent available wherein it was binding upon the court to consider an apology tendered by an accused. He repeatedly argued before the court that if a person makes an apology, the court must consider his apology.
The chief justice told Zafar that the court had not shut the door but the procedure of the court had to be followed. “Accepting or rejecting apology was the prerogative of the court,” the chief justice said. Zafar however contended that in the past when the apology was tendered, it was either accepted or rejected by the court.
Justice Khawaja observed that they had no personal interest but it was the matter of court. “Tell us any principle that is binding on us,” the CJ told the counsel. Zafar however could not give any precedent. Zafar told the court that the judges knew well about those precedents and they could not be taught in this regard. Khawaja told him that it was his duty to tell the court and his client about the precedent.
The chief justice observed that Awan used to appear before the court and had assisted the court as well in many cases. “He was our senior member and we have only temporarily suspended his licence,” the CJ said asking Zafar to withdraw the intra-court appeal and raise all the questions involved in the case before the trial court, seized with the matter.
Zafar accepted the advice of the court and withdrew his intra-court appeal.
