The Supreme Court (SC) of Pakistan has constituted a commission for forensic and Physical investigations of alleged memogate scandal and has summoned a detailed report within three weeks.
A larger bench of the Supreme Court after initial hearing asked all
the parties including President Asif Ali Zardari, Chief of Army Staff
General Ashfaq Parvez Kayani and ISI Chief Ahmed Shuja Pasha to submit
their reply in 15 days.
A nine-member bench of the apex court, headed by Chief Justice
Iftikhar Muhammad Chaudhry heard the petitions, filed by PML-N President
Mian Nawaz Sharif, Watan Party’s Barrister Zafarullah Khan, Tariq Asad,
Senator Muhammad Ishaq Dar and others on Thursday.
The SC accepting the identical petitions has said that Article 5
binds every citizen to be faithful to country and the memo raised
questions over country’s sovereignty. Action should be taken against
those involved, the order said.
The SC barred former Pakistani ambassador to the US Hussain Haqqani
from leaving the country. Court has observed that secretaries of
interior and foreign affairs would be held responsible if Haqqani leaves
country.
Court has directed to the ministries of foreign affairs, interior and
defence to afford all the expenditures of commission and Secretary
Cabinet would be bound to cooperate with commission.
The apex court has said that the Parliamentary Committee on National
Security would continue its investigations in this regard and may
provide authentic evidences to the court.
Court maintained that former DG FIA and former federal secretary
Tariq Ahmed Khosa would be head the commission and present DG, FIA and
Inspector General Police Balochistan would assist him, adding that they
should perform this duty in the best interest of the country.
The apex court directed to registrar office to write a letter to
Tariq Khosa in this regard, adding that if he tenders apology to accept
this investigation than court would appoint any other person to
investigate the matter. Court said in order that commission can take
assistance of any expert and retired officer for forensic investigations
if needed.
Rehman Malik’s statement has been made part of court order in which
he said that the communication was between ambassador and US citizen
Mansoor Ijaz.
The CJ in his remarks observed that the memo issue is both criminal
and civil in nature and parliament can review only civil matter. While
the authenticity of memo is still not verified. In the context of
Mansoor Ijaz’z article, the matter is of high importance.
Justice Jawwad S. Khwaja said everyone wanted to know the truth but the forum to ascertain the facts is to be decided.
Nawaz read out the contents of the memo before the court and said
only the court can bring out the truth because the Parliament is
sidelined. He also pleaded the bench to summon all parties.
Mian Nawaz Sharif informed the bench that his counsel Fakhar-ud-Din G. Ibrahim could not appear in the court due to illness, he might be allowed argue before the court.
Mian Nawaz Sharif informed the bench that his counsel Fakhar-ud-Din G. Ibrahim could not appear in the court due to illness, he might be allowed argue before the court.
Opening his arguments Mian Nawaz Sharif said he was God fearing
democratic person. People are extremely worried over the prevailing
situation of the country, adding that scandals upon scandals of the
incumbent government are coming to open, he stated.
He submitted Hussain Haqqani had tendered resignation in connection with memogate issue. Mansoor Ijaz had confirmed that memo had been written at the behest and with the approval of top functionaries of Pakistan. Text of this memo had been released and US and Mike Mullen had confirmed it, he informed.
Continuing with his arguments Nawaz Sharif said opposition had played pivotal role in making the parliament functional. But parliament had never been taken on board on major national issues, he argued.
He submitted Hussain Haqqani had tendered resignation in connection with memogate issue. Mansoor Ijaz had confirmed that memo had been written at the behest and with the approval of top functionaries of Pakistan. Text of this memo had been released and US and Mike Mullen had confirmed it, he informed.
Continuing with his arguments Nawaz Sharif said opposition had played pivotal role in making the parliament functional. But parliament had never been taken on board on major national issues, he argued.
Government never implements parliament resolutions, he pleaded. A
resolution was adopted after 2 months of occurrence of Abbottabad
incident but it has not been implemented so far, he said. It has been
learnt from media that nothing has been done so far in this respect, he
pointed out.
It has to be seen an ambassador can send a letter to a US army officer on whose behest, he argued. “I request the court all stakeholders including President Asif Ali Zardari be summoned in the court”, he prayed. “We have brought this matter in SC after due consideration”, he said. Any one will investigate the matter, he said. If this government will conduct inquiry against itself, he questioned.
Nawaz said he had not come to the court to give statement against the President Asif Ali Zardari.
Justice Saqib Nisar said “we are grateful to you as you have reposed trust on judiciary. We have to review legal points of your petition. Several things don t fall in court s jurisdiction. If this memo proves true then it will be tantamount to violation of constitution. Basically this matter falls in the purview of parliaments.
The CJP remarked “this case has criminal aspect which has no relevance with parliament. The case of Richard Nixon when came to US District Court then the court had issued directives for collecting forensic evidence. Richard Nixon had sought immunity but court denied. CJ said that when the matter came to open then Nixon had resigned from his office”.
He observed “Rehman Malik gave statement that no letter had been written but only exchange of messages had occurred. In this context it was written in newspaper government needs not to find out its enemies”.
The CJP remarked it had been learnt that Hussain Haqqani had given resignation but it had not been verified so far if he had tendered resignation on his own or on the bidding of someone else.
During the hearing Justice Jawad S Khawaja inquired from Nawaz Sharif what action had been taken by the parliament on this matter. Nawaz Sharif told the court parliament had initiated no action on this count so far.
Barrister Zafar Ullah while giving arguments on the application filed by Wattan party said memo written to Mullen had been delivered to him by May, 10. He requested the court to constitute judicial commission to probe into this matter besides declaring Mansoor Ejaz persona non grata.
Upon it the court expressed its displeasure saying court could not issue such directives.
It has to be seen an ambassador can send a letter to a US army officer on whose behest, he argued. “I request the court all stakeholders including President Asif Ali Zardari be summoned in the court”, he prayed. “We have brought this matter in SC after due consideration”, he said. Any one will investigate the matter, he said. If this government will conduct inquiry against itself, he questioned.
Nawaz said he had not come to the court to give statement against the President Asif Ali Zardari.
Justice Saqib Nisar said “we are grateful to you as you have reposed trust on judiciary. We have to review legal points of your petition. Several things don t fall in court s jurisdiction. If this memo proves true then it will be tantamount to violation of constitution. Basically this matter falls in the purview of parliaments.
The CJP remarked “this case has criminal aspect which has no relevance with parliament. The case of Richard Nixon when came to US District Court then the court had issued directives for collecting forensic evidence. Richard Nixon had sought immunity but court denied. CJ said that when the matter came to open then Nixon had resigned from his office”.
He observed “Rehman Malik gave statement that no letter had been written but only exchange of messages had occurred. In this context it was written in newspaper government needs not to find out its enemies”.
The CJP remarked it had been learnt that Hussain Haqqani had given resignation but it had not been verified so far if he had tendered resignation on his own or on the bidding of someone else.
During the hearing Justice Jawad S Khawaja inquired from Nawaz Sharif what action had been taken by the parliament on this matter. Nawaz Sharif told the court parliament had initiated no action on this count so far.
Barrister Zafar Ullah while giving arguments on the application filed by Wattan party said memo written to Mullen had been delivered to him by May, 10. He requested the court to constitute judicial commission to probe into this matter besides declaring Mansoor Ejaz persona non grata.
Upon it the court expressed its displeasure saying court could not issue such directives.
Meanwhile petitioner Tariq Asad arguing his plea said that the people
behind this memo have committed a criminal act against sovereignty of
the country so action against them should be taken under article 06 of
the constitution. He read the verses of the Holy Quran.
Chief justice said that the US district court has summoned forensic
evidence against US president Richard Nixon during the investigations of
the water gate scandal meanwhile Nixon had tried to take refuge under
the presidential immunity but the court had rejected the plea of Nixon
and Nixon had to resign in the result of the court proceedings.
Justice Tariq Pervaiz in his remarks said that Hussain Haqqani has
told that he has surrendered his laptop and black berry to President
Asif Zardari; meanwhile on this Nawaz Sharif said this is why he is here
in the court; meanwhile Nawaz said that he had intended to say
something about the Parliament but the court restricted him to say
something.
Nawaz said that the ISI chief had met Mansoor Ijaz, adding that the
DG ISI should be summoned in the court he could better inform about the
Mansoor Ijaz.
Nawaz said that he is not in the court to level allegations against
the President, adding that how it is possible that a diplomat could
write such kind of letter without the backing of some influential.
He said that we want that the parliament should work but some hidden
forces are not allowing the parliament to work independently, adding
that we have come in the court after long consultation, adding that if
we would not contact the SC than were we would go you could take better
decision.
Nawaz said that the court could summon those who have information
regarding the memo, adding that if in his tenure any diplomat had done
such deed he should had resigned from prime minister post, adding that
no one had courage to write such letter during his tenure.
He said that the government has granted the most favoured nation
status to India for trade but has not taken the parliament into
confidence, adding that the court has recovered the money form the
sitting Ministers but the parliament has not taken any action, adding
that we are all paying the price of this corruption.
He said that the masses are greatly concerned regarding the current
situation and they are ready to come in the streets, adding that he has
serious concerns over the current situation of the country.
Nawaz requested the court to summon all the respondents in persons
including President Asif Zardari; meanwhile on the occasion Justice Ijaz
Afzal Khan said that the law is present very body could access the
secret information.
In his arguments senator Ishaq Dar said that the memo issue is attack
on the sovereignty of the country, adding that he had written letter to
the parliamentary committee on the national security for taking action
over the matter but no seriousness was shown on the matter, adding that
this is criminal act, adding that Hussain Haqqani has surrender the
black berry and laptop data in front of president which could be
tempered.
On the occasion Chief Justice said that general, judges, politicians
and all citizens are bound to act upon the constitution, adding that if
some diplomat tries to involve the highest authority of the country this
matter should be investigated.
On the occasion Ishaq Dar referred the book of Hussain Haqqani
“Mosque and Military Alliance”, adding that the parliamentary committee
could not gather the evidence.
Chief justice said that such moments came in the life of the nations,
adding that the military is on alert, all the institutions are working
there is no threat of any thing, adding that if some one found guilty he
should be punished, adding that if parliament has any evidences
regarding the matter should send these evidence in Supreme Court of
Pakistan.
The court asked Senator Ishaq Dar to inform about the jurisdiction of the parliamentary.
Chief justice said that is time to bring the facts in front of masses
and not hide them, adding that the applicants have made president party
in their petitions, adding that the court would not allow any one to
commit traitory with the country, adding that weather government
functions or not it is our internal matter, adding that no Pakistani
could support the memo in prima facie the memo is present.
Chief justice said that the applicants truly said that this work
could not be done without the backing of some one; meanwhile the
applicants said that the applicants argued that the Haqqani has dual
citizenship, the court said if there are children of someone foreign
citizens that persons could not be appointed as diplomat.
In his arguments Attorney General Maulv Anwar-ul-Haq said that the
investigations of the matter could be conducted under the army act,
adding that the matter has been handed over to the parliamentary
committee on the national security, adding that the whole case of memo
revolves around media news, adding that parliamentary body would take
account of the matter.
Upon which Chief Justice said that this is serious matter and could
not be allowed to put under the carpet; meanwhile the court summoning
the reply from all the respondents adjourned the hearing for indefinite
period. SANA
