Dr Babar Awan has filed a petition in Supreme Court on behalf of federation, seeking to argue the federal government's pending review petition against the apex court verdict, declaring National Reconciliation Ordinance (NRO) unconstitutional. Awan on Saturday filed the miscellaneous petition on behalf of federal government under order XXVI Rule 6 of the Supreme Court Rules, 1980, for permission to represent the federation of Pakistan in the pending review petition.
He contended that presently no counsel was representing the federation of Pakistan in the review petition to contest court's December 16 judgement on NRO. Awan further said the court had already observed during the proceedings of the case that the courts were always interested to decide the cases on merits instead of withholding the relief on any technicalities, but always subject to the constitution and law.
It was argued that entire proceedings in the NRO case were politically motivated and tainted with malice as petitioner Dr Mobashir Hassan was "kicked out" from Pakistan People's Party, while other petitioner Roedad Khan was heading an Election Cell created by dictator General Zia-ul-Haq to oust Shaheed Zulfiqar Ali Bhutto from the democratic process and the third petitioner, Shahbaz Sharif, was a pitched political opponent of PPP.
Awan added that in the absence of the counsel for federation, any judgement rendered by the SC would be an ex-parte decision which would not meet with the end of justice. The applicant submitted that it was in the greater interest of justice and fair play that a proper opportunity of hearing should be granted to the federation of Pakistan through the counsel of its own choice, adding that the right to fair trial was an essential and fundamental right in all countries respecting the rule of law.
He said that a right to engage a counsel of his own choice was an inalienable right guaranteed by the constitution of Pakistan under Article 10 "as no one can be deprived of his right to engage a counsel of his own choice." Citing the SC judgement regarding the matter, the applicant said the court recently by expanding Article 9 of the constitution with the doctrine of due process of law in case of Muhmmad Nadeem Vs IG Police (2011 SCMR 408) held that right of access to justice to all was founded on such doctrine and such right would include right to have a fair and proper trial and a right to have an impartial court or Tribunal. On these grounds, the applicant requested the court to permit Babar Awan to argue the case on behalf of federation.
It is worth mentioning that Chief Justice Iftikhar Muhammad Chaudhry has constituted four benches to hear important cases during next week commencing from November 21 including a 17-member larger bench to hear the federal government's review petition relating to December 16, 2009 judgement on National Reconciliation Ordinance (NRO).
The review petition against the NRO verdict was filed for hearing before the SC on April 19, 2011, but the case was not fixed for hearing because the requisite strength of 17-member bench was not available. The apex court has now issued notices to all the concerned respondents to appear before the bench on November 21. It is pertinent to mention that just after declaring the NRO unconstitutional on December 16, 2009, the SC had ordered the revival of all cases, which were disposed of under the NRO.