SC insists it will look into memo issue

KHUDAYAR MOHLA

ISLAMABAD: A nine-member bench of the Supreme Court (SC) on Tuesday adjourned Memogate controversy hearing to Wednesday (today), saying "let the court look into the matter ... if the memo is fake the government will stand vindicated." Attorney General for Pakistan Maulvi Anwar ul Haq and Asma Jehangir, counsel for former Pakistani ambassador to the US Husain Haqqani, appeared before the court, which was led by Chief Justice Iftikhar Mohammad Chaudhry.

The AGP insisted that since the memo was "just a piece of paper" the petitions filed by the PML-N and others were therefore not maintainable. If the memorandum was just a piece of paper then why the government was holding meetings on the issue and why it has initiated a probe into the matter, the court asked.

The bench said it wanted to know who gave the Parliamentary Committee on National Security a mandate to probe the matter in hand.

During the course of hearing, the Chief Justice noted that news about possible removal of the Army Chief and the ISI Chief had been carried by the media. Discussions on those reports suggested that the government had initiated an action on the memo issue. The CJP also noted that it was published in newspapers the other day that the COAS and the ISI Chief could be removed, adding that in the prevailing situation, if the matter came to the court, it would have to be addressed accordingly.

However, Asma Jahangir argued that the court should have no role whatsoever if the Prime Minister decided to remove anyone.

According to her, petitions filed by PML-N President Nawaz Sharif and others seeking probe into the memo issue are neither maintainable nor encompassed in the fundamental rights of the petitioners in the case.

She further contended that there was no nexus between the contents of the petitions and prayers which meant that nobody's fundamental right was violated in the Memogate controversy.

However, she added, fundamental rights of Haqqani were usurped as he was condemned unheard.

Asma argued that the memo did not lead to any consequences in a tangible form, "so it is time to decide how fundamental rights have been violated." The CJP observed that the court had not barred Haqqani to go abroad; and it did not even pass any negative remarks against him.

On the occasion, the CJP remarked that Benazir Bhutto was a great leader. There was no progress on her assassination case, "although it is her fourth death anniversary today."

Meanwhile, the AGP submitted prime minister's statement in pursuance of the SC order relating to a press conference in PID Islamabad soon after the apex court's order of Dec 1. The PM contended in the statement that he had the highest regard for judiciary, adding that he had no ambiguity in mind regarding PPP's role in strengthening judiciary.

The PM further contended that his party was not at all aiming at ridiculing any judge or the judiciary as the government believed in trichotomy of power, rule of law and civilian supremacy as per Constitution of Pakistan.