Supreme Court of Pakistan adjourning the hearing the memogate scandal case has directed the parties to conclude their arguments till today (Thursday).
Nine-member bench of apex court heard the petitions against alleged memogate on Wednesday.
Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry said that
the investigations into memogate scandal will be more transparent under
the judiciary and forensic evidences would be required to know the
reality of the scam.
The Supreme Court (SC) commenced its proceedings in memo scandal with
the arguments of Asma Jahangir, counsel of former Pakistani ambassador
to the US Hussain Haqqani, who prayed to the court to call
American-Pakistani businessman Mansoor Aijaz to appear before the bench.
We are raring to cross-question him (Aijaz), she added.
The CJ Chaudhry said only Chief of the Army Staff (COAS) General
Ashfaq Parvez Kayani and Inter-Services Intelligence (ISI) chief
Lieutenant General Ahmed Shuja Pasha acknowledged the existence of the
memorandum allegedly written to the US government against the Pak Army.
The CJ further noted Prime Minister Syed Yousuf Raza Gilani also did
not deny its presence, adding President Asif Ali Zardari had not submit
his rejoinder; but it does not mean he denied the existence of the memo.
Miss Jahangir stressed if President is responsible for this, then, a
case regarding his impeachment comes into the question, saying, ‘If
Haqqani is involved in its writing, then it is a criminal case against
him.
This does not pertain absolutely to the basic rights of anyone, she added.
‘The investigations under our supervision will be more transparent,’ the CJ Chaudhry remarked.
Asma said, ‘If the trial is to take place at the apex court, then
Mansoor Aijaz should be called here. We are geared up to cross-question
him.’
She further stressed her client Hussain Haqqani shouldered his
diplomatic responsibilities under extremely difficult conditions, as he
had to contact a host of people in the wake of May 2nd incidents.
‘And, the conversation with Mansoor Aijaz was in this very perspective,’ she added.
Justice Shakirullah Jan said the high-level meetings and Haqqani’s resignation signify the presence of the memo.
Asma Jahangir argued, you look at the matter in legal perspective and the media will view it for purpose of press trial.
Chief Justice Chaudhry said, ‘You may call a matter of national
security and solidarity a political question. We should bring to an end
the attidue of concealing things, as matters from Liaquat Ali Khan to
Benazir Bhutto could not be found out thus far.’
We work under only and only the Constitution and the law,” he added
remarking the matters come to the courts if the assemblies cease to
function. The CJ asked as to why references were sent to the court
cannot look into these matters.
Asma said, ‘You committed errors in 200 cases including that of Nusrat Bhutto.’
CJ Chaudhry remarked that the reference has been sent to the apex
court if ban on certain political party is sought, adding that how the
court should interpret president’s silence on memo case.
Asma jahangir told the court that investigations into memo scandal
have been given to a parliamentary committee by the principal secretary
of prime minster.
In respos to that Justice Jawad S Khawaja said that how a secretary
can ask parlianment to probe even Prime minister can not direct the
Parliament because PM is not leader of the house. Prime Minister is the
head of government, Jawad said.
CJP said that only Parliament can direct to the Parliament, adding
that the National Assembly or joint session of the Parliament can give
the authority to probe such matters to the parliamentary body.
Chief justice said that it is the matter of National security and how can it be termed as political issue.
Husain Haqqani’s counsel Asma Jahangir said the things are being
driven to president’s impeachment. There ensued an interesting exchange
of words between Asma Jahangir and the court during the course of the
hearing.
She also referred to one of Habib Jalib’s couplet during the hearing.
Asma said Hussain Haqqani has informed the president about his decision
to resign in his letter. The court asked did Haqqani made his decision
to resign on November 16.
The CJP asked Asma Jahangir to trust the court. Asma Jahangir said in
her reply she did trust her husband but could not surrender her rights
to him.
Justice Jawad S Khwaja said the citizens have right to information under the article 19.
The Supreme Court adjourned the hearing of the memo case till Thursday. SANA
