ISLAMABAD - Dr Babar Awan on Saturday filed an application in Supreme Court in order to represent the Federation in the review petition on National Reconciliation Ordinance (NRO), which a 17-member larger bench will start hearing from Monday (tomorrow). The former Law Minister filed the miscellaneous petition under Order XXVI Rule 6 of the Supreme Court Rules, 1980, for allowing him to represent the Federation of Pakistan in the pending review petition. The applicant stated that presently no counsel was representing the Federation in the review petition against the apex courts judgement on NRO. The application said that the court had already observed during the proceedings of this case that they were always interested to decide the case on merits instead of withholding the relief on any technicalities but always subject to the Constitution and law. The application contended that the whole proceedings in the present case are politically motivated and tainted with malice as petitioner Dr Mubashir Hassan was kicked out from PPP while other petitioner Roedad Khan was heading the Election Cell created by the then dictator General Zia ul Haq to oust Shaheed Zulfiqar Ali Bhutto from the democratic process and the third petitioner Shahbaz Sharif is a pitched political opponent of PPP. It said that in the absence of the counsel of Federation, any judgement rendered by this court would be exparte and it would not meet with the end of justice. The application stated that it is in the interest of justice and fair play that a proper opportunity of hearing should be granted to the Federation through the counsel of its own choice. The application further said that the right to fair trial was essential and fundamental right in all countries respecting the rule of law. 'A trial in these countries that is deemed unfair will typically be restarted or its verdict. In Pakistan Article 10A read with Article 4 provide the right of fair trial. The Article 10A was introduced in the 18th Amendment of the Constitution because on April 17, 2008 Pakistan signed the International Covenant on Civil and Political Rights, 1966 and then acceded on 23 June 2010. Hence Article 10A incorporates the international obligation of Pakistan being a party to certain UN convention. Therefore, Article 10A directly deals with the right to fair trial, the applicant added. He said that a right to engage a counsel of his own choice was inalienable right guaranteed by the Constitution under Article 10 as nobody can be deprived from his right to engage a counsel of his own choice. Citing the SC judgement regarding the matter, the applicant said that the court recently in the case of Muhammad Nadeem Vs IG Police (2011 SCMR 408) by expanding Article 9 of the Constitution with the doctrine of due process of law 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. The petition requested the court to permit Babar Awan to argue the case on behalf of the Federation.