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Supreme Court on Tuesday temporarily suspended the practising licence of Dr Babar Awan, Pakistan People's Party vice President and President's attorney in the ZAB reference case, for ridiculing judiciary, seeking the appointment of a new counsel to plead the case.
Awan was facing contempt charges of making highly controversial and derogatory remarks about the apex court after it delivered a short order in the Memogate controversy. On December 1, after the Supreme Court released a short order in Memogate case and formed a commission to investigate the matter, Awan addressed a press conference where he, according to reports, used 'extremely derogatory' language against the court.
The 11-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry passed the order to suspend the practising license of Awan. The CJP directed Attorney General for Pakistan to inform President Asif Ali Zardari to hire the services of some other counsel to plead the reference in hand, adding that the presidential reference was indeed of great importance in the history of the apex court.
Meanwhile, the bench observed that the hearing of the ZAB reference case would be resumed after the appointment of a new attorney. The bench also directed the Registrar to collect the entire enrolment record of Awan from the Pakistan Bar Council and the Punjab Bar Council as Advocate of the High Court along with the judicial files in pursuance of which he was issued contempt notices by the Lahore High Court so that the apex court may know the concerned court's findings.
In his order, the CJP said: "We provide Dr Awan a fair opportunity and grant him time to file reply, but at the same time to ensure dignity and respect of the Court, we temporarily suspend his licence to appear before this Court. And, no sooner has he engaged a counsel and filed the reply, he would make a request to the Registrar for the purpose of taking up this matter".
On the occasion, Awan responded by reciting a Punjabi couplet: Jinna takia Rab da tinna rizk hamesh - Pallay rizk na banday panchi te derwesh (Whoever believes in God, will always have food - birds and saints never hoard edibles). Awan sought more time, arguing that he would hire the services of lawyer to plead the case, adding that being a member of larger political party he believes in due respect of the court.
The bench also rejected the plea of President Supreme Court Bar Association (SCBA) Yasin Azad for grant of more time in relation to the case in hand. The CJP observed that it should not be presumed that the court was helpless, adding that a lack of respect for judiciary was tantamount to derailment of the system "as it is normal practice throughout the globe that dignity of judiciary is not compromised."
When asked Babar apprised the bench that once he was served a contempt of court notice by Lahore High Court. According to him, he appeared before the bench of Justice Ihsan-ul-Haq to submit wakalatnama but the honourable judge was furious. Awan said he had also appeared before a bench of Justice Nawaz Abbasi in a contempt case.
On the occasion, Justice Mian Saqib Nisar said that he had also issued a contempt of court notice against Awan, which was later discharged after Awan expressed his regrets. The hearing in the presidential reference was adjourned for an indefinite period.

Copyright Business Recorder, 2012

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