SC lifts ban on traveling of Haqqani; extends probe period of memo commission
ISLAMABAD, (SANA): The Supreme Court (SC) has lifted travel restrictions imposed on former Pakistani ambassador to Washington Hussain Haqqani who is a main character of memo scandal while court has given two months extension to the three-member judicial commission, tasked to probe the memo controversy.
The SC heard the application of the secretary commission to extend the time limit for preparing a report into the matter.
The commission, in its application, had prayed to the court that it was not possible for it to complete its inquiry report within the given four weeks time, so the time limit may be extended for completing the inquiry.
Former Pakistani ambassador to US Hussain Haqqani has also been allowed to travel abroad by the bench. His counsel, Asma Jahangir, pleaded before the court to allow her client to travel abroad.
The bench ordered that Hussain Haqqani could travel abroad but after providing the details to the Registrar Office and should comeback on a four-day notice of memo commission or Supreme Court.
The nine-member larger bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, took up this application alongside an application of Barrister Akram Sheikh, who has been seeking from the court to direct the commission to record the statement of Mansoor Ijaz in London due to security threats to him.
The CJ informed the court of receiving a confidential letter from Mansoor Ijaz, the central figure of the scandal. He remarked that commission’s task is not completed yet and we would not interfere in it.
Attorney General (AG) Maulvi Anwarul Haq informed the court about the commission’s proceedings, the refusal of Black Berry company and reservations of Ijaz. The AG did not oppose the extension plea.
The Attorney General for Pakistan appeared for Chief of Army Staff, DG, ISI & Ministries of Cabinet, Defence, Foreign Affairs, Interior & Law.
The court has observed that it seems that the Commission has not completed its proceedings to procure evidence, and as it has been pointed out that Mansoor Ijaz has not appeared before the Commission, therefore, some time is likely to be consumed to complete this exercise.
Meanwhile Attorney General for Pakistan and the learned counsel appearing for Hussain Haqqani did not raise any objection.
However, Barrister Zafarullah Khan, ASC has stated that in absence of the statement of Mansoor Ijaz, the statement of DG, ISI who has already given his affidavit, be recorded.
Court said “We do not want to interfere in the proceedings, which are being undertaken by the Commission. However, in the interest of justice, we extend the time for completion of the proceedings for a period of two months commencing from the passing of this order.
Meanwhile, counsel for Haqqani submitted an application, stating therein that he has fully cooperated with the Commission and will continue to do so and also undertakes to return to Pakistan any time on four days’ notice to join the proceedings, if and when required to do so by the Commission, therefore, the condition placed upon him of not leaving the country be withdrawn and he be allowed to join his family abroad.
Court said that Haqqani is allowed to leave the country. However, he will provide his full particulars to the Registrar of this Court and be also bound to return back on four days’ notice if his attendance is required by the Commission or by this Court.
Court has directed to Muhammad Akram Sheikh, counsel for Mansoor Ijaz to place his request for recording of statement in abroad, before the Commission for passing of appropriate order.
Mansoor Ijaz has addressed a letter to the Chief Justice of Pakistan under the caption “secret letter” wherein he has disclosed certain information, but we are not aware of its authenticity.
Court maintained that it is a cardinal principle of law that whenever a person claims confidentiality or requests the Court to treat any document as confidential or classified, the Court may go through it, but its status to be treated as confidential or classified document has to be decided according to law.
However, as he has engaged a counsel, we would have appreciated if he had sent such a document to the Court through his counsel. Be that as it may, at this stage, we would not be considering this document for any purpose, but the same would be kept in a sealed cover under lock by the Registrar of this Court. Registrar present in Court is directed accordingly.
Meanwhile court has issued notices to parties on plea against the formation of the commission for probe into the memo issue.
Shahid Orakzai, petitioner appeared in person and stated that he has raised a different question in his petition, which is not taken up in the petitions already entertained.
Court issued notices to the respondents to file comments before the next date of hearing. To be fixed along with other petitions.
The judicial commission to probe the matter comprises Chief Justice of Balochistan High Court Justice Faiz Essa, Chief Justice Sindh High Court Justice Mushir Alam and Chief Justice Islamabad High Court Justice Iqbal Abdul Rehman.
Ends-SANA-AA
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