ISLAMABAD: Former chief justice of Pakistan Iftikhar Mohammad Chaudhry’s lawyers raised objections against Babar Awan whom Pakistan Tehreek-i-Insaf chairman Imran Khan has engaged to defend him in the Rs20 billion defamation suit.

According to the defamation suit, Imran maligned the former CJP regarding the alleged rigging in the 2013 general elections.

Read: Babar Awan steps in to defend Imran Khan in libel case

In an application filed with the district and sessions judge, Tanvir Mir, the lawyers of Justice Chaudhry, including Ahsanuddin Sheikh and Syed Nayyab Gardeze, maintained that under the Pakistan Legal Practitioners and Bar Council Rules 1976, Mr Awan cannot appear in the case against the former CJP because of conflict of interests.

Also read: Iftikhar Chaudhry sends Rs20 billion libel notice to Imran Khan

Advocate Sheikh explained that Mr Awan had preconceived notions and personal bias against Justice Chaudhry because of certain judicial orders.

Giving details of the orders, he said during the hearing of a Bank of Punjab scam case, the bench headed by Justice Chaudhry observed that “accused of the said case has involved Mr Babar Awan Advocate time and again to ensure relief for him subject to completion of a deal.”

Also read: SC criticises Babar Awan over press conference

In the second instance, the CJP’s lawyers argued that during the hearing of a petition seeking the registration of a second FIR in the Benazir murder case, Mr Awan was issued a notice.

Say Mr Awan has personal bias against Iftikhar Mohammad Chaudhry

Yet in another case, the apex court observed that because of the inordinate delay on part of the ministry of law and justice in launching some development projects, the national exchequer suffered a loss of Rs113 billion. At that time, he added, Mr Awan was the minister for law and justice.

The application added that during the hearing of the presidential reference regarding former prime minister Zulfikar Ali Bhutto’s sentence, the Supreme Court bench suspended the licence of Mr Awan in January 2012.

The application said the Legal Practitioners and Bar Councils Act 1973 and the Pakistan Legal Practitioners and Bar Councils Rules 1976 contained the professional ethics of lawyers. Section 55 of the Act empowered the Pakistan bar councils to make rules to regulate the standard of professional conduct and etiquettes to be observed by the lawyers.

It claimed that after examining the above mentioned instances, it may be determined that because of the judicial orders of the Supreme Court, including the suspension of his licence, Mr Awan had personal grudge against Justice Chaudhry.

The CJP’s lawyers requested the court to reject the papers of attorney of Mr Awan and refer the matter to the Pakistan Bar Council (PBC) for taking action against him.

After the proceedings, Mr Awan told the media that during the proceedings of the treason case the lawyers of former president Pervez Musharraf challenged the appointment of Mohammad Akram Sheikh as the head of the prosecution on similar grounds but their plea was rejected by the special court.

Published in Dawn February 15th , 2015

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