Supreme Court rejects Babar's plea against Rana Sanaullah
21 October, 2011
ISLAMABAD: The Supreme Court (SC) has rejected former federal law minister Babar Awan's application against Punjab Law Minister Rana Sanaullah for giving statement that Awan was liable to be murdered.
The court disposed of the application with this observation that if Awan feels aggrieved he may approach the authority concerned. Justice Ghulam Rabbani, who retired on October 19, gave this verdict after hearing Awan's application against Rana in his chamber. "In my view of the reply furnished by Sanuallah, to which no rejoinder has been filed, and after hearing the learned Punjab Additional Advocate General (AG) there appears to be no convincing reason to proceed further on this petition," he held in the judgment.
The Punjab Additional AG had ensured the apex court that there was no danger to the life and liberty of the petitioner from Sanaullah or the Punjab government and that the petitioner would have full protection, which even otherwise was the fundamental right of a citizen in accordance with provision of the constitution.
Earlier, Sanaullah, in his five-page reply, denied his statement and stated that he had already given a clarification regarding the matter in a session of the Punjab Assembly, adding that leader of the opposition in Punjab Assembly Raja Riaz had accepted his clarification. He also said it was wrong to say that he had threatened to kill the former law minister.
Talking to our sources, Ramzan Chaudhry, counsel for Awan termed the decision one-sided. He said though the petitioner had given the application to record the evidences as well as the statements of different people including the journalists against the Sanaullah but he was not allowed, which was against the Article 10-A of the Constitution. The counsel said that they would again approach the court for reopening of the case against Sanaullah.
Awan on June 20 had moved an application in the SC against Sanaullah saying that his life was in danger. He prayed to the Chief Justice of Pakistan (CJP) to form a judicial commission to examine the records and witnesses pertaining to the statement of Sanaullah and protect his (applicant's) rights under Article 4 and 9 of the Constitution. He said court's intervention in the matter was necessary from another aspect too as Sanaullah was also a part of the judicial commission which appoints judges of the constitutional courts. He said if anything happens to his life, property or family, Sanaullah should be held responsible.
Awan said he had also learnt that Punjab Chief Minister Shahbaz Sharif's government wanted to arrest him on a false charge or some other pretext and then facilitate an attack on his life either in jail, police station or a local court. The applicant said the public announcement by Sanaullah, for all practical purposes and intents, amounted to passing of an extra-judicial death sentence against him, particularly keeping in view the trends of extra-judicial killings by the Punjab Police. Under the circumstances, he said, there was imminent threat to his life from Sanaullah and others.