President has to approach Court for indemnity in memo case: Supreme Court

Supreme Court of Pakistan has given one day more time to submit rejoinder and affidavit on behalf of federation and Hussain Haqqani; meanwhile apex court has observed that if any one willing to seek indemnity he has to approach supreme court.

Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry said the court may institute a highest judicial forum for investigation into the memo allegedly addressed to the US government against any potential military coup by the armed forces of the Pakistan.

Heading a nine-strong bench of the apex court hearing Memogate scandal case, the CJ Chaudhry underscored need for a judicial commission over the memo. He said that if judicial commissions can be formed over issues including the crises of Railways and power, why not on this issue which is a matter of great significance.

Asma Jahangir, the counsel of former Pakistani ambassador to the US Hussain Haqqani said that her client has no knowledge of the memo, adding the underlying possibilities of military rebellion skulking in the memorandum, should be investigated into.

If the matter falls in the jurisdiction of the court, then a commission needs to be set up, she asserted adding no case has thus far been registered against Hussain Haqqani.

Pakistan Muslim League (PML-N) chief Mian Nawaz Sharif’s counsel Rasheed A Rizvi submitted the memo posed serious concerns to the national security and sovereignty and Chief of Army Staff General Asfaq Parvaiz Kayani rightly pinpointed this threat.

Justice Saqib Nisar said the matter was such that Prime Minister Syed Yousuf Raza Gilani felt it imperative to conduct a probe into it, adding the proceedings up till now conducted clarified one thing that the issue should be probed. The only thing yet to ascertain is who wrote the memo, he added.

The Chief Justice Chaudhry said that if some high-up needs immunity, he will have to approach court for the purpose too,’ adding remarks relating the reply of the President should not be misconstrued.

The CJ also directed Attorney General of Pakistan Justice (retd) Maulvi Anwar-ul-Haq to submit the reply regarding press conference headlined by former Federal Law Minister Babar Awan.

When the hearing of the memo case resumed (Thursday), Chief Justice Iftikhar Muhammad Chaudhry said, after Asma s reservations, that a high-level judicial commission can be formed for the memo inquiry if Hussain Haqqani does not have objection to it. The CJ said that Hussain Haqqani had expressed full trust in the Apex Court while having no objection to an inquiry to find out the truth.

Asma Jehangir, the counsel for ex-envoy Hussain Haqqani, told the court that her client was being kept with security and she didn’t have free and easy access to him. She said it would take her two to three days to see her client.

The Chief Justice said PM Gilani first of all ordered memo inquiry, meaning thereby he believed wrongdoing possible. Justice Jawad S Khawaja said it is human rights violation if there was no easy access to Haqqani.

During the hearing, the CJ asked Asma which forum she wants to go to for the memo inquiry. Asma said a forum where law is upheld. The CJ said Highest Judicial Commission can be formed.
Justice Jawad S Khawaja said that the Parliamentary Committee can not probe the matter judiciously. Probe by the parliamentary committee is not due process of law, he said.

The CJ said that the federal government and Hussain have not filed replies on the affidavits submitted by the Chief of Army Staff and the DG ISI.
Attorney General said hat they received copies of the affidavits submitted by the COAS and others late night so they could not prepare the reply. AG said that the replies would be filed soon.
Asma said it has yet not been determined who wrote the memo and who leaked it, and with what intentions.

The judges remarked that there was something to the memo issue which is why the prime minister made Haqqani resign from his post and then ordered an investigation.

In the affidavit submitted to the Supreme Court, COAS Gen Ashfaq Parvez Kayani has said that the news regarding the memo-gate are correct and evidence is available of the contacts made in the context of the conspiracy. The COAS also wrote that the memo issue has dented national security and lowered the morale of the armed forces.

While, the government in its reply to the Supreme Court (SC) in memo case has confessed that it has no control over Army and Inter-Services Intelligence (ISI) and prayed that it should not be made answerable in regard to statements of Husain Haqqani and Mansor Ijaz.

The government through Defence Ministry has sent this written confession to the Supreme Court in which it is first time admitted that the political rulers have no control over Pakistan Army and ISI operations and that is why the government is not in a position to submit any explanation of reply on their behalf. SANA