CJP hints at nominating judge to probe Memogate case

RECORDER REPORT

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Thursday hinted at nominating a sitting judge of the apex court to investigate the Memogate controversy.

A nine-member bench of the Chief Justice Iftikhar Muhammad Chaudhry has been hearing the Memogate case where Rasheed A. Rizvi, counsel for PML-N chief Nawaz Sharif, delivered arguments on the maintainability of the petition while Husain Haqqani's counsel Asma Jehangir sought time to submit a rejoinder by her client, which she submitted late in the evening.

During the course of the hearing, Jehangir informed the bench that her client had sought protection of due process of law. Explaining what constituted due process of law, Jehangir contended that instead of filing a petition in SC, a plaint should have been filed in the court of judicial magistrate. On the occasion, she told the bench that her client's life was in danger. Justice Jawwad S Khawaja then told her that she had not described the fact earlier.

The Chief Justice directed the Attorney General to arrange a meeting between Haqqani and his counsel Jehangir. She also told the court that she was also received threats, adding that she had sent an e-mail to SC Registrar in this regard.

The chief justice said that the court would be looking into the e-mail and assured her of protection.

He remarked that during the last four years (after 3rd Nov, 2007) things had changed a lot and now "there will be only rule of law in the country."

The Chief Justice said that everyone had trust in the Supreme Court and "that is why all the respondents in the case have submitted their affidavits." Attorney General for Pakistan Maulvi Anwar-ul-Haq told the bench that he had filed the affidavits of COAS and DG ISI after he had received them through Ministry of Defence.

He told the court that Ministry of Defence also sent a letter on Wednesday night, clarifying its position.

The Chief Justice asked the AGP that the federation had submitted no affidavits in order to deny or accept the replies by COAS and DG ISI.

However, he asked Attorney General why the federal government had not filed a reply in the case.

The AGP told the court that the federal government was in the process of filing a reply, which he filed in the court later on.

The Chief Justice said that Mahmood Khan Achakzai's case could serve as a good reference in deciding what the court should do in such matters.

Rasheed A Rizvi said that the Memo scandal should be probed because security, integrity and sovereignty of the country - an integral part of Article 9 - had been violated.

He further said his client had fought against the dictatorship of Zia-ul-Haq and Pervez Musharraf and had never sought any assistance from the army to topple the incumbent government. Rizvi contended that the political question under Article 184(3) did not restrain the court's jurisdiction.

Meanwhile, talking to media person after meeting with Haqqani in the SC premises who came to SC under tight security for submitting affidavit/reply in the memogate scandal after SC orders, Jahangir rejected any role of her client in the Memogate scandal.

"My client has said in reply that he had neither written the controversial memo nor did he dictate it," she informed.

In response to a question she said: "My client decided to hand in his resignation way before he was asked to do so as he believed that if the constitutional agencies considered him dubious, he would not be able to fulfill his responsibilities effectively."

Asma added that her client was residing in the PM secretariat which, she said, was out of her reach.

The hearing was adjourned till Friday (today).