News
Friday, May 18, 2012
SC frames charges against Babar Awan in contempt of court case* Ex-law minister says country doesn’t have contempt law
* Charges are based on incomplete record
By Hasnaat Malik
ISLAMABAD: Rejecting Babar Awan’s unconditional apology, the Supreme Court on Thursday framed charge against the former law minister in a contempt of court case for addressing a press conference against the court’s December 1, 2011, order regarding the controversial memo.
According to the charges, framed by a two-member bench, Babar Awan in his December 1, 2011, address to a press conference had ridiculed the judiciary, and the words, tone and tenor of his speech were not only scandalising but also intended to garner hatred against the judiciary. The court said Babar has committed contempt of court; therefore, they would proceed against him under Section 5 of the Contempt of Court Ordinance, 2003.
After framing the charges, Justice Ejaz Afzal inquired from Babar Awan if he pleaded guilty. Babar replied in negative. The former minister then recorded his statement. He denied the charges and said that at present, no law for contempt of court was in place, including the Contempt of Court Ordinance 2003. He stated that right from the beginning of the proceeding, at no point of time the attorney general was heard. “The attorney general was never present during the proceedings and was not called upon to address the court.”
Babar said that on December 1, 2011, he along with other office-bearers of the Pakistan People’s Party (PPP) participated in a press conference against actions of the Pakistan Muslim League-Nawaz (PML-N). It was noteworthy that at that time, he was the central leader of the PPP. He said all that he spoke at the press conference was in the historic perspective, which took place in the past between the two political rivals. “I never intended to scandalise the Supreme Court or its judges, and it [press conference] was not against the SC or the judges,” he said. “The transcript of the press conference... was incomplete, and some portions of it were utterly wrong. In view of this matter, I made statement in writing [CMA187 in CrPC21 of 2012] with a specific request for production and supply of the correct transcript of the press conference.”
He said the charges were based on incomplete record, adding that he had not been notified whether these proceeding would be held according to the civil procedure or criminal procedure.
He said there was a strong impression in the bar association that out of five participants of the press conference, proceeding were being held only against him. When the ex-minister was quoting the judgement to support his statement, Justice Ejaz stopped him and said, “You have made the statement, and no you can’t argue the case.”
The judge asked Attorney General Irfan Qadir, now the prosecutor in this case, to supply the evidence against Babar Awan on May 26, while the hearing of the case would be held on May 29.
Courtesy www.dailytimes.com.pk