Babar's legal wizards create problems for Rabbani

ISLAMABAD Besides putting the Supreme Court in a difficult situation through controversial statements, Law Minister Babar Awans selected legal squad in the 18th Amendment case has also created problems for Senator Raza Rabbani who is scheduled to appear before the Court soon to defend the 18th Amendment in the light of the Parliamentary Committee on Constitutional Reforms wisdom. The Federations lawyers refused to own Rabbani-led Parliamentary Committee on Constitutional Reforms report in the Supreme Court that described its objectives briefly regarding the basic structure of the Constitution and judicial reforms, arguing in an objectionable manner, they held that it was not the mandate of the said Committee. The legal wizards opined that Senator Rabbani in the Court would preferably try to defuse the negative propaganda - launched by Babar Awans team - against the Parliamentary Committee on Constitutional Reforms (PCCR). Wasim Sajjad, leading counsel for Federation, who was also part of that CRC, while defending the 18th Amendment suggested the 17-member larger bench of the apex court that Raza Rabbani-led Committees report had no significance in this case. The Chief Justice told the counsel that the report had great importance for the Court and therefore Rabbani was allowed to apprise the Court regarding parliamentary wisdom behind the 18th Amendment. During his first phase of arguments, Sajjad was reluctant to accept the basic structure of the Constitution. The Chief Justice read some parts of Rabbani-led bodys report that categorically accepted that basic structure of the Constitution. The report says that revival of judicial system is a serious question before the Parliamentary Committee. However, later Sajjad conceded that there was a basic structure but he remained hesitant to accept the concept of independence of judiciary as part of the basic structure. When the Court asked him whether or not the independence of judiciary was part of the basic structure, Sajjad did not reply clearly. But when the Court asked him repeatedly regarding the details of basic structure, he replied, You can consider it as a part of the basic structure. The Chief Justice remarked, It is not only a matter of Courts consideration but it is concerned to the consideration of the people of the country - the real stakeholder of the Constitution. Like his boss, Barrister Bacha, also negated Rabbani-led parliamentary bodys report, saying that the Constitution was supreme. On that, the Court asked him, Whether the Committees functioning was illegal or unconstitutional? In reply, Bacha could not satisfy the Court. While observing the odd conduct on the part of the Federations lawyer, Justice Jawwad asked, Mr Bacha wherefrom are you taking (such) instructions? However, Bacha did not bother to reply. Now it would be much important point before Raza Rabbani to negate this amazing propaganda launched by Awans constituted lawyers team. In his remarks, the bench several times recalled that Rabbani would enlighten the Court regarding parliamentary wisdom behind the 18th Amendment. But prima facie the Governments lawyers intentionally undermined the role of Rabbani-led Parliamentary Committee and disassociated themselves from the much-respected Committees report. It is relevant to mention here that several times the Court appreciated parliamentarians for their wisdom but it was the Law Minister who earned bad name for Government through his inexperienced legal team. It is expected that Rabbani would dispel the impression that questioned the status of Parliamentary Committee. Although the 17-judge larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry has already strongly defended the Parliaments sanctity while appreciating its many steps that led the country to a democratic set-up and its Committee that did hard work, yet Rabbanis arguments would clear many doubts created by the Federations lawyers.