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Former Pakistan Ambassador to the USA Husain Haqqani on Friday submitted his reply in relation to Memogate scandal to the Supreme Court, arguing that he is no less patriotic than the petitioner (PML-N chief Nawaz Sharif).
Haqqani's counsel Asma Jahangir submitted to the court a concise statement with a pray to dismiss the petition filed on Memogate scandal with costs as it severely prejudices Husain Haqqani in the eyes of the public and has not disclosed any infringement of any of the fundamental rights that the SC may direct to be enforced, as the petition does not fall in the ambit of the Article 184(3) of the Constitution of Pakistan.
She contended that an adverse order has been passed on the back of Haqqani without giving him an opportunity of being heard which has resulted in serious infringement of the constitutionally guaranteed fundamental rights to Haqqani under Articles 4, 9, 10-A, 15, 18 and 25 of the Constitution of Pakistan.
She pleaded that the petition filed by Nawaz Sharif on Memogate scandal is not maintainable and liable to be dismissed as it involves a controversy where there is a lack of judicially discoverable and manageable standards for resolving the controversy raised in the petition.
She further contended that the issues raised in the petition are primarily political in nature and jurisdiction of courts is barred under the Political Question Doctrine. The counsel added that Haqqani being a patriotic Pakistani also considers the contents of the controversial memorandum highly objectionable, contemptuous, vicious that appear to be based on ulterior motives.
She further said that Haqqani has served the state as an ambassador in the US in extremely difficult times and has defended Pakistan and its security services against relentless criticism from the US Congress and the media. She added that the New York Times described Haqqani as Pakistan's 'adroit envoy' and a relentless defender of Pakistan whereas the Wall Street Journal declared him as Pakistan's most capable diplomat.
The counsel argued that Haqqani is a confident Pakistani and has full faith in the wisdom of its people and is assured that such frivolous and absurd memo which may appear in a country's life at any moment should not be deemed to be a threat to the existence of the state. It is also contended in the statement that the Joint Committee of the Parliament on National Security has already taken the cognisance of the matter on being referred by Prime Minister Yousuf Raza Gilani before the petition was taken up by the SC.
It is stated in the reply that Ishaq Dar, a senior leader of PML (N), through a letter on November 21, 2011 to the Committee, urged it to take up the matter as soon as possible. It is also pointed out in the reply that Haqqani himself suggested to set up an inquiry through a letter to the President of Pakistan on November 16, 2011. However, it is the petitioner who refuses to recognise the inquiry despite the fact that the parliamentary forum of inquiry is bipartisan.
Earlier, an application was returned to Ms Jahangir after the Registrar of the Supreme Court raised objections to it. Asma said she would be filing an appeal against the objection. The Registrar SC had asked the applicant (Haqqani) to file a review petition instead of requesting to expunge the court order which barred Haqqani from travelling abroad.

Copyright Business Recorder, 2011

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