ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry
said Friday that no takeover would take place in the country. He said
that no institution would be allowed to cross constitutional limits.
“Reports
about take over are making rounds in the country. Martial law will
never be allowed to be imposed in the country. Days are over when the
courts endorsed unconstitutional acts”, he said this while presiding
over a 9-member bench of Supreme Court (SC) during the course of hearing
of a set of petitions filed by Nawaz Sharif and others in memogate
issue.
At the inception of hearing, PML-N leaders Ishaq Dar and
Khawaja Asif corroborated the arguments given by Rashid A Rizvi, counsel
for Nawaz Sharif in the case.
Senator Ishaq Dar took the plea
memo reality could not be denied. “ We all want matter is investigated.
It should be investigated what was motive behind writing this memo.
Investigation into this issue falls in the jurisdiction of SC,
therefore, the case can be heard. Existence of memo is not
controversial. All accept memo was written”, he submitted.
The
CJP observed it was yet to be investigated if the memo was written or
otherwise. Ishaq Dar said the jurisdiction of parliamentary committee
constituted to probe into memogate case was limited and it could not
investigate such matters as committee was framed through a resolution.
Justice
Saqib Nisar observed parliament was playing its role and court could
not be prevented from playing its constitutional role.
He said to Ishaq Dar that every institution was respectable therefore, he should talk in terms of law.
Ishaq
Dar said if the whole parliament was included in parliamentary
committee even then forensic evidence could not be collected. No
document had been filed by government with parliamentary committee so
far, he added.
He said four resolutions were adopted in the
parliament but these were not implemented. There was no law in place
under which the persons behind non compliance of parliamentary
committee orders could be punished.
During the hearing of case
PML-N leader Sardar Mehtab Abbasi presented copies of US courts orders
regarding jurisdiction of the court for hearing the case.
Salah ud Din Mengal counsel for Abdul Qadir Baloch alleged Hussain Haqqani was US citizen.
The
Chief Justice remarked “ you are leveling false charges. Hussain
Haqqani is Pakistani citizen and any one remains innocent unless
allegations are proved against him. The petitioners will have to take
utmost care in stating any thing about Hussain Haqqani.
He observed army chief fulfilled his obligation on defense of the country by giving statement.
Attiq
Shah Counsel for Iqbal Zafar Jhagra said memo was the very conspiracy
which was continuing on western borders since the last 35 years.
The
CJP remarked it was opportunity for all parties including President and
Army Chief to get united for investigations. It would have to be seen
as to why resignation was obtained from Hussain Haqqani. There was
something behind the memo which would be investigated, he further
remarked.
The court sought government stance on statements given
by the head of ISI and army chief. The court also issued notices to all
including President, Prime Minister and Director General ISI, Ahmad
Shuja Pasha on an application filed by a Shafqat Ullah, a Canadian
citizen.
The hearing of the case was adjourned till December, 27. Online
