Former Federal Law Minister Babar Awan Tuesday submitted an unconditional apology to the Supreme Court in a contempt of court case in relation to a reportedly press conference where he, made highly objectionable remarks against court's December 1, 2010 order in Memogate case.
The court decided to consider Awan's apology in his presence before the bench on April 18. However, it (court) accepted his other plea to exempt him from personal appearance on April 10. A two-member bench comprising Justice Ejaz Afzal Khan and Justice Ather Saeed is hearing the contempt of court case against Babar Awan
During the hearing, Ali Zafar the counsel for Babar Awan submitted a four-page written apology before the bench. Babar Awan pleaded that the applicant apart from being a politician, senator and worker of PPP is a senior advocate of the Supreme Court of Pakistan and it is the applicant's utmost duty, obligation and desire to uphold the dignity of the courts of Pakistan.
The applicant has always been discharging his duty to the best of his ability and reiterates that he has not only the highest regard and respect for the apex court of the country but also for all the judges of the superior judiciary. In this regard, the applicant has been expressing such feelings both inside and outside the courtroom.
He further stated that keeping in view that the only ultimate objective is that the courts' dignity be upheld and in view of the fact that the court in reality is like a parent while the alleged contemnor in contempt proceedings is like an errant child, the applicant genuinely and bonafidely believes that the applicant must forthwith apologise to the court. This will be the best way to uphold the dignity of the court.
"Section 4 of the contempt of court ordinance 2003 says that alleged contemnor can at any stage render an apology, the applicant as counsel believes in the principle that alleged contemnor should, prior to the proceeding to trial, not hesitate in apologising at the earliest opportunity as an apology vindicates the court while the trial of any person, and more so of a senior advocate of SCP, whatever the outcome of trail, if possible should be avoided as it helps in maintaining the mutual respect and relationship between bar and the bench," he further added.
Babar Awan said that whatever he stated regarding the judiciary at the press conference was unintentional, based on inadvertence and the applicant is offering an unconditional apology for his utterances that have been found prima facie to be disrespectful by this bench.
"The applicant in particular apologises to the Hon'ble Mr Justice Asif Saeed Khosa, about whose acumen, integrity, impartiality and dedication to work, there is no doubt," he also stated. Awan requested the court that his apology may be accepted as bonafide and contempt proceedings against him may accordingly be discharged.
Upon his apology, Justice Ejaz Afzal Khan remarked that it depended upon the circumstances "as no law binds it [the court] to accept the apology of contemnor." He also said that though Awan had submitted an unconditional apology but he did not personally appear before the bench as the court had fixed the hearing of the case on April 10 in accordance with his desire.
Attorney General for Pakistan (AGP) Maulvi Anwarul Haq told the court that Awan had already submitted an application, seeking his personal exemption on April 10 hearing as he had gone to India on the invitation of different bar associations and he would return on April 17. "His attitude was seen by all of us in the past hearings of the contempt case, therefore he should remain present before the bench," Justice Athar Saeed further said. The bench adjourned the hearing of the case till April 18.
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