The court asked Dr Babar Awan to present his point of view regarding the NRO judgment review so the court can decide if he should be permitted to represent the federation or not. The 17-member full bench headed by Chief Justice Iftikhar Muhammed Chaudhry though allowed Awan to present his view, but kept the question of grant of leave pending.
Justice Tassaduq Hussain Jillani asked the former federal minister for law and justice to make a statement that he would continue pleading the case till its conclusion. Babar Awan sought some time for preparation, but the court denying that said from April 19 to date the federation had seven months for preparation. The court observed that Kamal Azfar and Shah Khawar, who represented the federation in NRO petition as counsels, and attorney general had said that the government would not have any problem with the court verdict in the NRO case.
Paying a tribute to the present parliament, the chief justice said the court had sent many ordinances, issued during the period of dictator, but it did not give approval to NRO. The chief justice said the present parliament has always condemned the black laws but it?s beyond their comprehension why now the federation wanted to defend the dictator?s law, while late Benazir Bhutto in her book ?Reconciliation? herself has condemned the NRO. He said that the aggrieved parties against whom the cases were reopened did not approach the apex court for review. Appreciating Federal Interior Minister Rehman Malik, the CJP said Mr Malik himself appeared before the courts.
The court asked Babar Awan to submit a written reply on behalf of the federation regarding threats to Kamal Azfar. The chief justice said that threats were a device used as a delaying tactic. Babar Awan replied that security agencies were holding inquiry in that regard. The court also directed Kamal Azfar to appear before it today (Tuesday).
Justice Saqib Nisar remarked that the government did not want Kamal Azfar give arguments in the review petition. He said that it was matter of code of ethics given in Legal Practitioner and Bar Councils Act, adding? ?We are talking of a personality but like to save the institution.?
Justice Jawwad S Khawaja said under Order 26 Rule 6 of the Supreme Court a lawyer who appears in original petition argues in the review petition as well. He said ?if this court allows you, it will become a precedent? and the lawyers would later demand that if Babar Awan could be allowed then why not they? Justice Asif Saeed Khan Khosa inquired that in the presence of Attorney General why the private counsels are engaged to argue federation cases.
Earlier, the court expressed its annoyance over the government for taking measures regarding the security of its former counsel Kamal Azfar, who had claimed he was facing threats to withdraw from this case.
Justice Anwer Zaheer Jamali observed that it seemed that the federation was staging a drama to replace its counsel again and again. Babar Awan replied that some people had said that TV talk show was being continued in the courtroom.
During the hearing, a number of federal ministers including Interior Minister Rehman Malik, Defence Minister Ahmed Mukhar and Commerce Minister Amin Faheem and large number of MNA and MPAs from Sindh were present.
The court allowing Babar Awan to argue the review petition adjourned the hearing till Tuesday.
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