Babar Awan’s appearance in the Supreme Court and the silence of the Hizb ut-Tahrir lambs

We provide below an extensive report on Babar Awan’s appearance in the Supreme Court in the NRO case, providing a snapshot (from pkpolitics) of the mood (of the Ansar Abbasi led Hizbut-Tahrir mafia) before and after Awan’s appearance in the SC. Also provided are two articles written by Cyril Almeida and Tahir Sarwar Mir:

Before: The Forecasters

canadai said:

I bet you all Babar Awan will make personal attacks on Gen Kiyani and Chief Justice Iftikhar.
Zardari and Rehman Malik and Yusuf Raza Gilani has no credibility, and I think if Babar Awna refused to write a letter to Swiss Courts, then Chief Justice Iftikhar should send HIM (Babar Awan) to Adiala Jail straight away. Also making sure that no one escapes.

shakeelbajwa said:
Chief Justice Chaudhry is a brave man. He will NOT get intimidated by anyone. The matter is very simple if Zardari does not implement the Court Orders, then all these including Zardari should be sent to the jail.
Put Pakistan first, Zardari and his wealth should be brought bak.

siddiqi73 said:
This case is pretty much done and dusted. Gobar Awan is gonna get a dressing down of his life. I’m much more interested as what Hamesh Khan will divulge tomorrow.

What actually happened in the court room?
Rumours of clash with judiciary die out: Babar Awan
Updated at: 1112 PST, Tuesday, May 25, 2010
ISLAMABAD: Federal Law Minister Dr. Babar Awan said the rumours regarding the confrontations among the national institutions died out completely, Geo News reported Tuesday.

Talking to media after the NRO verdict case hearing outside the Supreme Court (SC) premises, he said the court accepted the proposal regarding filing written response of the government on the NRO implementation.

The court was receptive and magnanimous, he said adding the government presented its viewpoint with due respect.

‘There is no clash in institutions at present, nor will there be any conflict possible in future as well,’ he maintained.

The government laid bare new aspects of the NRO verdict case before the court, he said adding the government fulfilled its legal and constitutional responsibilities.

‘We did not level any accusations against anyone; there are written proofs of whatever we said,’ Qamaruz Zaman Kaira said talking to the journalists.

‘We are with the government and came to see the court’s proceedings. Pakistan People’s Party (PPP) gave huge sacrifices for the judiciary,’ he added.

‘Court ordered the Attorney General to appear before the court in my stead in the next hearing,’ he said.

Supreme Court Tuesday directed the government to file comprehensive stance over the Swiss cases in next hearing and adjourned the NRO verdict implementation case till June 10.

Federal Minister for Law Dr Babar Awan informed the Supreme Court that according to records there was no case filed in Switzerland, only investigations were made which were also one sided.

Federal Minister for Law Dr Babar Awan appeared before the apex court today to record his statement with regard to implementation of he Supreme Court’s verdict on National Reconciliation Ordinance.

Awan was also accompanied by former Attorney General Latif Khosa and federal ministers Raja Pervez Ashraf, Amin Fahim, Tasleem Qureshi, Ayatullah Durrani, Qamar Zaman Kaira and others.

Five-member Supreme Court bench headed by Justice Nasir-ul-Mulk heard the case.

Earlier, when the court proceedings begun this morning the court told the federal minister of law that he was summoned to know the government stance on the issue because the secretary of law didnt appear before the court.

A judge of the bench asked about the government measures taken for return of US$ 60 millions from Switzerland. Babar Awan informed the court that the talk about 60 million dollars was exaggerated.

Justice Raja Fayyaz asked the minister how many months and days will need the government to implement the NRO verdict. The law minister said the court has been informed about nine government steps over the verdict while the rules of business hinder the enforcement of the 10th step. He said in 1997 the Attorney General was not empowered to open cases in Switzerland.

Babar Awan informed the court that the action against for Attorney General Malik Qayyum Awan will begin within one month, for which a summary has been sent to the Prime Minister.

Dr Babar Awan’s Highlights
(by Mir Munsif)

Babar Awan maintained that:

1.There was No case specifically filed against President Asif Ali Zardari in Switzerland.According to record, only the investigations were conducted in Swiss court.
2.Reference against Malik Qayyum has been sent to the Prime Minister.
3.On court’s order, NAB’s prosecutor general was sacked and additional prosecutor general was appointed in the NAB.
4.In 1997 the Attorney General was not empowered to open cases in Switzerland. Babar said that court orders would be implemented in letter and spirit.
5.“There is no such amount. This amount is not there even in NAB’s report. These are only allegations, and wrong and malicious statements,” Awan said, referring to “legal complications” and “grey areas” in approaching the Swiss authorities.

Outside court he said ” rumours of clash died out, adding no clash among the institutions ever happened; nor is there any possibility for the same in future.”

After: The Mourners

norozkhan said:
All those high hopes and suspense ended, Very much disappointed by supreme court and its proceedings, it appears to be pre arranged live show.

Babar Awan went to Court accompanied by high profile PPP leaders to intimidate the Judges, he was rude and cocky in the court and his answers were humiliating and he succeeded in overpowering the S/C.

It appeared that a drama was staged and Babar Awan came out a winner, clear indication from today’s court proceedings that nothing will happen to Zardari or his Government.

We should never forget that Iftikhar Choudhry and some other Judges had a murky past, they helped and supported Musharaf and also took oath under PCO.

Maybe last minute call from PM Gilani to C/J Iftikhar resulted in a compromise or a deal.

malikzafar said:
I am very disappointed too by the line adopted by the Supreme Court TODAY….. something has gone wrong terribly. We don’t want this ‘drama-gheeri’ any more.
WE WANT DIRECT ACTION….Imran Khan, Qazi Hussain/Syed Munwwar Hasan where are you…..start the long march now, now ,now.

There appears to be deal with the Govt, and Babar Awan really roaring like a lion. If nothing happened today then nothing is going to happen after 2 weeks. The protest outside Geo TV will continue and we are looking helpless.

People of Muzaffagarh and Vihari gave the wrong verdict, encouraged PM and clearly Zardari and Babar Awan has won this round.


shakeelbajwa said:
@Malik Zafar

I am very very very angry. I will just wait till tomorrow to see what secrects can Hamesh Khan tell us. But it appears to me that Hamesh Khan will be very scared of Zardari, and he will not put blame on name Babar Awan for bribery or any one elso.
I won’t be surprised if all the members of Hamesh Khan family have been kidnapped by Zardari to put pressure on Hamesh Khan.
Wake up Pakistani’s, enough is enough…..I agree only Long March is the answer.

I think it’s Ch Iftikhar who needs some ‘desi chithroll’ .

irshad khan said:
Court appearance of Babar Awan was a true reflection of Italian MAFIA; Mr. Awan went in the court wearing dark glasses and accompanied by his gang.
I am surprised that the honorable Supreme Court did not raise objection on Mr. Awans conduct and tone of his offensive language in the court.
In short our Supreme Court lost its credibility and authority and it also lost the confidence of the people they had on them.
Zardari regime will rule the country, corruption will flourish and the public will suffer deeply.

A sane advice to the mourners
bechari-awam said:
So all who were waiting for a drama and end of govt are disappointed. Before BA stepped in the court, he was a villain and now CJ is a villain. Guys, as always after each such episode, I advise you to grow up and again reminding the same thing. When will you start believing in the institutions instead of personalities. For the information of all those who are now blaming CJ, should at least go and learn about the composition of the larger bench. Also stop watching meray mutabiq and reading ansar abbasi, if you want to get out of fantasy land. Even ansar abbasi was feeling dejected and was forced to praise babar awan.

Supreme Court: The other side of coin
by Mir Munsif

17 amendment by MUSH which blacken the Constitution: No problem for Judiciary,silent and Happy,No actions.tell me what actions did SC took at that time to avert this amendment pls?????

NRO is BAD..fair enuff what about creators of NRO?? MUSH and Military Junta??Why not they scrutinized by SC????

Biggest Money laundering scandle: Sharif Brothers.

Biggest Bank Defaulters: Chaudhery Brothers.

Biggest no of Fake Degrees member: PMLN but only hue and cry against Jamshed Dasti??

PCO and MUSH Quo supporter: Judiciary.

People ’s disapearence case +Bugti case,Lal Masjid case+12 May Massacre : Call MUSH and cronies in courst…but No way,Judges are silent on these issues.

Higgest share in corruption: Military insititutes and Senior Officials…many cases in Pending in SC….BUT SIlence here also.No action from Judiciary.

Junk Journalism: Supporting the Military cum Judicial Intervene on payrolls of agencies.

18 the amendment with unanimous support from Parliament: Judiciary has problem
Support MUSH Junta Take over: IK and Judges…. (But ppl asks to forget it bcoz they have changed,while there is only accountability for PPP led Politicians).

NRO case=8000+ Cases… PPP cases (20s)+Rest related to MQM and other ppl but Judiciary has only case Zardari case.

Partisan Judiciary…No across the board accountability,only selective justice to counter PPP led democratic forces.

Here in our country,the accountability is only for PPP,justice is only selectively for PPP,Hate mongering for PPP.Tell me if PPP is all the worse set of party then who else is party of angels…Justice Party of SC?? PMLN?? MMA?? MQM? PMLQ???

Stop one-sided shame criticism,if you want to judicious and honest then criticize every evil act and shame character in every party,institutes and Media with impartial view point.

If such one sided Hate campaign continues,country will get marginalized and this is NEVER good for FEDERATION and Democracy.


Legal pantomime
By Cyril Almeida

Source: Dawn, 26 May, 2010

ISLAMABAD: Babar Awan was the coolest cat in Courtroom No 5 yesterday morning. At half nine, the law minister strode in to face five Supreme Court judges, wearing Terminator-style shades and chewing gum.

Was a Pakistani version of the Showdown at the OK Corral about to unfold? The alleged bandits versus the rule of law, each struggling to dominate the other?

Not on this day. Seconds into the hearing it was obvious there would be no fireworks. As Awan thanked the court for ‘inviting’ him to address the court, Justice Jawwad Khwaja interjected: “We didn’t summon the law minister.” Say what? Yep, it appears it was all a misunderstanding.

Justices Khwaja and Nasirul Mulk explained: the bench had been at its wit’s end trying to elicit from various officials what had been done to implement the NRO judgment. It had merely turned to the law minister in the hope of getting some answers. The court hadn’t summoned him.

The retreat had begun.

It took Awan 15 minutes to get to what everyone was waiting for. “What about the Swiss cases?” he asked rhetorically. Yes, indeed. Backs straightened in the room.

What followed was an hour of legal pantomime. You almost felt sorry for the court reporter who had to keep track of nonsensical segues and random digressions.

Awan talked about letters, past and present. He talked about authorisations, good and bad. He talked about due process. He talked about sections 20 and 21. He talked about surprising discoveries; surprising surprises; and surprises he had discovered. He talked about what he can do and what he can’t do, without specifying what belonged to which category.

Here’s a particularly compelling twister: “How can I follow a process when the process earlier was that there was no process?”

The judges let Awan talk, encouraging his haphazard digressions by asking follow-up questions. It was shambolic. It was probably exactly what Awan was hoping for.

The thrust of the law minister’s arguments was relatively clear: the law, at least as interpreted by Awan, prevents the government from writing to the Swiss authorities.

But Awan never came close to saying so directly because the judges never took the gloves off. The only hairy moment came towards the end when Justice Nasirul Mulk showed a flash of unhappiness over the law minister’s inability, or unwillingness, to make a clear statement on the issue of the Swiss cases.

The let-off followed instantly, though. File a concise statement at the next hearing, Babar was ordered. And don’t worry, you needn’t appear in person, he was told.

The game was up. Light banter followed and laughter rippled through the courtroom. Mission accomplished: crisis averted. Democracy 1, Instability 0.

Soon Awan was out the door, followed by the various ministers who had crowded into the small room. In days past they would stop to chat to reporters and well-wishers. Now they make a beeline for the cameras outside the court.

The lingering question, one which may dictate if there will be a next round: does the SC continue to show an inordinate interest in the fate of President Zardari and the Swiss cases?

Here are some numbers. 5 justices. 1 law minister. 8,041 NRO beneficiaries. 90-minute hearing. 80 minutes substantive issues discussed. 65 minutes spent on matters related to the Swiss cases.

You decide.

Source: Dawn, 26 May 2010

Ayaz Amir writes:

Equally curious is the selective accountability zeal to be seen since the death of the National Reconciliation Ordinance (NRO). Revived as a result of that judgment are over 8,000 cases, many of them relating to grave criminal charges. What’s becoming of them? We really don’t know. Attracting all of the attention is the figure of President Asif Zardari and some of his close associates, none more so than that jack-in-the-box figure, Interior Minister Rehman Malik, who in a career full of surprises has gone from one thing to another.

Needless to say, the powerful should be the first to be called to account. But it would help if judicial enthusiasm, instead of appearing to be selective, travels also a bit left and right — for the sake of credibility, if nothing else.

Some basics — and how they affect the weather

Source: The News, May 21, 2010

Thi Khabar Garm…. – by Tahir Sarwar Mir



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