Supreme Court of Pakistan (SC) will hear the matter of Babar Awan
press conference against SC interim decision on memogate scandal on
January 04, 2012.
The two-member bench of Apex court comprising Justice Aijaz Afzal Khan and Justice Athar Saeed would hear the matter.
According to a press release issued by the court the Supreme Court
implemented the Court Order in Constitution Petitions No. 77 to 85 of
2011 [regarding the alleged memo delivered to Admiral Mike Mulen U.S
Joint Chief Staff] filed under Article 184(3) of the Constitution of
Islamic Republic of Pakistan, 1973 by sending copies to all concerned
parties.
Further in pursuance of the order wherein office was directed to put
a separate note in the Chambers of Chief Justice of Pakistan along with
the transcription of the press conference dated 01.12.2011 of Mr. Babar
Awan, Sr. ASC along with replies/reactions of the Prime Minister of
Pakistan 23.12.2011 and 26.12.2011 for passing appropriate orders.
In compliance with the above order, the office put up the note, upon
which the Chief Justice of Pakistan has ordered that after perusal of
transcription of the press conference dated 01.12.2011 addressed by Dr.
Babar Awan, Sr. ASC in presence of three others on 01.12.2011 as well
as reply/reaction of the Prime Minister dated 23.12.2011 and 26.11.2011
filed through Maulvi Anwar-ul-Haq, Attorney General for Pakistan, it is
considered appropriate to take up this matter on judicial side.
Thus, office is directed to place the matter before Bench No. VII on 04.01.2012 for proceedings in accordance with law”.
Further, the Court in para-9 of the above order dated 30.12.2011 has
elaborated, “after having heard the parties and having taken into
consideration the relevant provisions of the Constitution and the law,
judgments cited on behalf of both the sides and the pleadings of the
parties carefully, we hold as under:-
In exercise of powers of Judicial Review, we hold that in these
petitions, petitioners have succeeded in establishing that the issues
involved are justiciable and question of public importance with regard
to enforcement of fundamental rights, prima facie, under Articles 9, 14
and 19A of the Constitution has been made out. Thus, the petitions
under Article 184(3) of the Constitution are maintainable.
To delineate measures with a view to ensure enforcement of the
fundamental rights noted in para ibid, a probe is called for to
ascertain the origin, authenticity and purpose of creating/drafting of
Memo for delivering it to Chairman of the US Joint Chiefs of Staff
Admiral Mike Mullen through Gen. (Retd.) James Logan Jones, former US
National Security Advisor.
Court says thus, in exercise of powers conferred upon this Court
under Article 187 of the Constitution, Order XXXII, Rules 1 and 2 read
with Order XXXVI of the Supreme Court Rules, 1980 coupled with the
principle of Civil Procedure Code, a Commission is appointed.
As the due process of law is the entitlement of all the stakholders,
therefore, to ensure probe into the matter in an transparent manner the
Commission shall be comprising of Justice Qazi Faez Isa, Chief Justice
of Balochistan High Court (Chairman), Justice Iqbal Hameed-ur-Rehman
Chief Justice, Islamabad High Court (Member), Justice Mushir Alam Chief
Justice, High Court of Sindh (Member) and Raja Jawwad Abbas Hassan,
District & Sessions Judge, Islamabad is appointed as Secretary to
the Commission”. SANA
