Chief Justice Iftikhar Muhammad Chaudhry questioned the Federation's contention to repeal the judgement in National Reconciliation Ordinance (NRO), saying that the Ordinance -a 'black law' passed by a dictator for his own convenience-was being protected by the Federation.
A 17-member full bench of the SC, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, was hearing the government's plea for review petition against the verdict that had held NRO illegal in 2009. The Chief Justice remarked that not a single NRO beneficiary had filed a review appeal in the SC after reopening of his case, but the incumbent "democratic government", always opposed black law, was insisting to revert the judgement.
However, the bench allowed Baber Awan to present his formulations on merit of the review appeal, but with certain conditions that an issue of granting permission to the federation for changing the lawyer would be decided later. Babar submitted that the federation has chosen him to defend it in the case, adding that the court had earlier allowed Latif Khosa to argue in the case.
The CJP asked why Kamal Azfar was disengaged from arguing the review petition, on which Babar said that Azfar was appointed advisor to Prime Minster. Due to that he was not able to represent the case. The Chief Justice pointed out that Kamal Azfar had informed the bench, in writing, that he and his wife were threatened by a lawyer, adding that he questioned what will the government do if it failed to protect its own lawyer.
"Kamal Azfar is one of the most senior advocates of the SC and respectable for all of us, whereas the court will address the issue of threats to him in its judgement", the CJP observed. "Azfar was appointed Governor of Sindh in our time. We all respect him. He was never threatened. I just met him in the bar room. He wished me all the best and promised to provide me his books regarding this case," Babar told the bench, adding that the court has already ordered inquiry into the matter.
Addressing Babar the Chief Justice said that threat to Azfar was a serious matter, adding that "you can also be threatened tomorrow". To this Babar said that he was always receiving threats and his family was used to it now. The Chief Justice categorically said that criminals always used to threaten lawyers and many had been assassinated in Karachi. He added that protection of the entire lawyer community should be ensured at all costs.
The CJP said that Bar and Bench are committed to protect the legal fraternity, adding that "either you or any senior government official must give undertaking in writing that Kamal Azfar is safe and out of danger". Justice Asif Saeed Khosa asked of Babar why the federation was in need to engage another counsel instead of Attorney General for Pakistan?
Awan submitted that any individual has been given privilege to engage a lawyer of his own choice under the Constitution of Pakistan. "Have you observed any ambiguity in the NRO judgement since representing the federation in NRO review appeal"? Justice Shakirullah Jan asked. Awan contended that he had found some lacunas in the NRO judgement.
"If a new precedent is set by allowing federation to change counsel in review appeal, how will it be controlled in future?" Justice Jawad S Khawaja asked the counsel. Baber said Federation had already been allowed to change a counsel in this case earlier, and added that the court should treat everyone equally. Citing Saifullah's case he said the court allowed change of three counsel. The Chief justice directed the counsel to submit written undertaking in this regard. Babar prayed for more time to prepare the case, on which the court adjourned hearing till Tuesday.
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