2015 PLP 658 (SCMR)

Laws Cited

Representation

• Date of hearing: 17th January, 2012.
• ----O. IV, R. 30---Contempt of Court Act (LXIV of 1976), S. 3---Constitution of Pakistan, Arts. 186 & 204---Reference to the Supreme Court under Art. 186 of the Constitution by the President of Pakistan to revisit the case of death sentence awarded to late Zulfiqar Ali Bhutto, former Prime Minister of Pakistan reported as PLD 1979 SC 38 & 53---Contempt of court---Attempt to ridicule the Supreme Court by counsel appearing for the President---Conduct unbecoming of an Advocate of the Supreme Court---Disciplinary action---Temporary suspension of licence to appear before the Supreme Court---Advocate Supreme Court who was appearing on behalf of the President in the Reference was issued with a contempt of court notice in respect of a press conference addressed by him---Said Advocate, after receipt of such notice, addressed the electronic media and through his utterance and gestures attempted to ridicule the Supreme Court---Attitude shown by Advocate in question after receipt of contempt notice, compelled the Supreme Court to issue him a notice in terms of O. IV, R.30 of the Supreme Court Rules, 1980 to explain as to why his name should not be removed from the Roll of the Advocates of the Supreme Court---Contention of Advocate in question was that he may be allowed time to engage a counsel---Validity---More than sufficient time was granted to the Advocate in question and as the present Bench was seized with one of the most important cases, i.e., the Reference sent by the President of Pakistan under Art. 186 of the Constitution concerning the death sentence awarded to late Zulfiqar Ali Bhutto, former Prime Minister of Pakistan, therefore, the Supreme Court had to proceed with the said case, as early as possible, without causing delay in any manner---Unless the question of notice, which had been issued to the Advocate in question under O. IV, R. 30 of the Supreme Court Rules, 1980, was decided, it would not be appropriate to proceed with the said Reference---Supreme Court granted Advocate in question time to engage a counsel and file his reply, but at the same time to ensure dignity and respect of the Court, his licence to appear before the Supreme Court was temporarily suspended---Supreme Court observed that good relationship between the Bench and the Bar depended upon mutual respect; that the Supreme Court, being the apex Court under the Constitution, deserved to be respected by all concerned, particularly the Advocates and the members of the legal fraternity to whom licences were issued for appearing before the Supreme Court; that if an institution like the Supreme Court was not respected and an attempt was made to lower its prestige in the eyes of the general public, then it would be very difficult to administer justice because Supreme Court was the court whose working/decisions sent a message down to the court of the Magistrate and the Civil Judge that they should administer justice without fear or favour, and that if the Supreme Court was maligned by anyone, then it would not be possible to maintain its dignity and status---Supreme Court directed the Attorney General to inform the President of Pakistan that the licence of the Advocate appearing on his behalf had temporarily been suspended, therefore, it would be appropriate if another counsel was appointed to address arguments in the Reference, which indeed was one of the most important cases in the history of the Supreme Court---Order accordingly.
• Dr. Babar Awan, Senior Advocate Supreme Court on behalf of President.
• Ch. Aitzaz Ahsan, Senior Advocate Supreme Court, Makhdoom Ali Khan, Senior Advocate Supreme Court, Abdul Latif Khan Afridi, Advocate Supreme Court, Ali Ahmad Kurd, Advocate Supreme Court and Yasin Azad, Advocate Supreme Court/President, SCBA as Amici Curiae.
• Ahmad Raza Khan Kasuri, Senior Advocate Supreme Court for the Complainant in person.
• "Dr. Babar Awan was enrolled as Advocate of this Court on 29-5-2000 and status of Senior Advocate Supreme Court was conferred upon him on 29-5-2008. Presently, he is appearing in Reference No. 1 of 2011 sent by the President of Pakistan under Article 186 of the Constitution. Hearing of the Reference, considering it to be one of the most important matters, is pending in this Court for the last few months. On 4-1-2012, a notice of contempt of Court was issued to him by a Bench of this Court comprising two Hon'ble Judges in respect of a press conference addressed by him on 1-12-2011. After receipt of notice, he addressed the electronic media at the podium of the Supreme Court Gate and perhaps when inquired from him about issuance of the notice, he stated that in the past too, criminal cases were registered against him when he was conducting the cases of Mohtarama Benazir Bhutto and the incumbent President Mr. Asif Ali Zardari and concerning the contempt notice issued to him, he uttered the following words:-
• This utterance made on the electronic media was telecast by different channels, which believably had been seen by a large number of people. The content of the utterance, the gestures made and the body language were indicative of an attempt to ridicule the Court. We have inquired from Dr. Babar Awan about it, who instead of denying the same, stated that the words uttered on the television in fact reflected respect. To fully appreciate the content and the manner of what he said, we asked the Secretary Information to make arrangement for displaying the relevant video clips. Accordingly, on multimedia affixed in the courtroom, DVD was played which was not only watched by the senior members of the bar, but also by Mr. Yosin Azad, President, Supreme Court Bar Association and Mr. Latif Afridi, Vice Chairman, Pakistan Bar Council. Both of them have condemned the same. Mr. Latif Afridi went to the extent of saying that these things should not have happened and in any case he would stand by the judiciary in the matter. We believe that interaction between the Bench and the Bar depends upon mutual respect. Irrespective of the fact which Bench issued the notice, the fact remains that it was part of the judiciary, therefore, a person who is a senior counsel appearing before the Supreme Court, instead of uttering the words reproduced above and making gestures as if he had no care for the issuance of the notice because prior to the utterance under consideration, he said that in the past too he had been charged with criminal cases for conducting the cases of Mohtarama Benazir Bhutto and Asif Ali Zardari. We do not know those facts, but prima facie, we are of the view that the conduct of Dr. Babar Awan is unbecoming of an Advocate of the Supreme Court, therefore, we issue notice to him under Rule 30 of Order IV of the Supreme Court Rules, 1980 to explain as to why his name be not removed from the Roll of the Advocates of this Court.
• 2. In compliance with the above order, notice was issued to Mr. Babar Awan, Senior Advocate Supreme Court, which was served upon him reportedly on 5-1-2012 as the case was fixed for hearing on 9-1-2012, but the same could not be taken up due to unavoidable circumstances, as such, it was postponed for today.
• 3. Mr. Babar Awan, Senior Advocate Supreme Court has appeared and has stated that he needs some time to engage a counsel. It has been pointed out to him that more than sufficient time has already been granted to him and as this Bench is seized with one of the most important cases, i.e., the Reference sent by the President of Pakistan under Article 186 of the Constitution concerning the death sentence awarded to late Zulfiqar Ali Bhutto, former Prime Minister of Pakistan, therefore, we have to proceed with the case, as early as possible, without causing delay in any manner and unless the question of notice, which has been issued to him under Order IV, rule 30 of the Supreme Court Rules, 1980 is decided, it would not be appropriate to proceed with the Reference. It may not be out of place to mention here that on the last date of hearing when the order dated 5-1-2012 was passed, video clips were repeatedly displayed in the Courtroom in the presence of Mr. Babar Awan, Senior Advocate Supreme Court wherein he had uttered certain words/made gestures after receipt of the contempt of Court notice issued to him by a Bench of two Hon'ble Judges of this Court with a view to show a degree of hatred by him. After seeing the video clips, the members of the legal fraternity present in the Courtroom and in particular, Mr. Latif Afridi, Vice-Chairman, Pakistan Bar Council and Mr. Yasin Azad, President, Supreme Court Bar Association, voluntarily came to the rostrum and condemned the above words and gestures of Mr. Babar Awan. Mr. Latif Afridi went to the extent of saying that such things ought not to have happened, and that, in any case, they would stand by the judiciary in the matter.
• 4. We have already observed that good relationship between the Bench and the Bar depends upon mutual respect. This institution, being the apex Court under the Constitution, deserves to be respected by all concerned, particularly the Advocates and the members of the legal fraternity to whom licences are issued for appearing before this Court. If the institution like the Supreme Court is not respected and an attempt is made to lower its prestige in the eyes of the general public, then it would be very difficult to administer justice because this is the Court whose working/decisions send a message down to the Court of the Magistrate and the Civil Judge that they should administer justice without fear or favour, and if the Court is maligned by anyone, then it would not be possible to maintain its dignity and status.
• 6. As far as the Presidential Reference is concerned, we ask the learned Attorney General for Pakistan to inform the President of Pakistan that in view of the order dated 5-1-2012 and today's order, the licence of Mr. Babar Awan, Senior Advocate Supreme Court has temporarily been suspended, therefore, it would be appropriate if another counsel is appointed to address arguments in the Reference, which indeed is one of the most important cases in the history of this Court.
• 7. The Registrar is directed to collect the enrolment files of Mr. Babar Awan from the Pakistan Bar Council and the Punjab Bar Council where he was enrolled as Advocate of the High Court as well as the judicial files in pursuance whereof he was issued contempt of Court notices by the Lahore High Court, so that we may know the result thereof.

Headnotes / Summary

Judgment & Decree