Counsel for Federation Malik Mohammad Qayyum tendered an unconditional apology in the Supreme Court on Monday for filing an application containing scandalous material by Federation's 'Advocate on Record'.
AOR Akhtar Ali had filed an application along with an appendix containing abusive material about the judges, which caused embarrassment for the Federation's lawyers.
As the 13-member Full Bench of Supreme Court, headed by Justice Khalilur Rehman Ramday, reassembled on Monday, counsel for petitioner, Aitzaz Ahsan, drew attention of the court towards the new application and contended that the purpose of this scandalous material was to defame the judges and undermine the judiciary.
On court inquiry, Attorney General Makhdoom Ali Khan and lead counsel of the President and the Federation Sharifuddin Pirzada and Malik Qayyum dissociated themselves from this scandalous material and said they had not read it.
However, AOR Akhtar Ali informed the court that Federal Law Secretary had instructed him to file this application along with the material as arguments of the counsel for the Federation were based on them.
He said these documents were given to him by Additional Law Secretary, PS to Law Secretary and a Civil Judge. He admitted he had not read these documents before filing them in the Supreme Court.
Malik Qayyum explained that the material was in the Supreme Judicial Council as part of the reference against the CJ, which he also received on Monday morning. He unconditionally apologised to the Court and requested its permission to withdraw the application, along with its appendix.
It may be recalled that Malik Qayyum had stated in the court last week that the government would place all record before the Full Supreme Court and, instead of Supreme Judicial Council it could decide the case.
Justice Ramday said he had already emphasised that it was not an ordinary case. On the one side was the President, "who is symbol of unity of the nation" and on the other side is the honourable Chief Justice of Pakistan.
He said that by filing such documents from unknown sources on behalf of the President maligning the judges, "what message you people want to convey to the world about the President, about the head of State, since he is hardly aware what papers are being filed in his name in the Court".
Dismissing the Federation's application along with the attached material as withdrawn, the court issued show-cause notice to Federal Law Secretary to explain reasons for filing the application.
The court ordered Director General Intelligence Bureau to rid the buildings of the superior courts and residences of the judges of bugging and surveillance devices.
DG IB was further ordered to file an affidavit in the Court on July 9 that orders of the court have been fully complied with. The court also banned entry of intelligence officials in the courtrooms of the Supreme Court and the four High Courts without permission.
On account of irresponsible behaviour, the court cancelled practising licence of Federation's Advocate on Record Akhtar Ali and sent his case to Pakistan Bar Council for further action.
The court fined the government an amount of Rs 100,000 and ordered that this amount should be used for assistance of the rain affected people of Balochistan. The court adjourned the hearing till engagement of a new 'advocate on record' by Federation.