Friday, December 30, 2011

Memogate: SC verdict on maintainability today

ISLAMABAD: The Supreme Court (SC) is expected to announce verdict today on the admissibility of the petitions filed in the much-debated Memogate scandal case Friday, Geo News reported.

A nine-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Jawwad S. Khawaja, Justice Tariq Pervez, Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry and Justice Muhammad Athar Saeed heard the case and adjourned the hearing of the case.

Asma Jehangir, counsel of Husain Haqqani sought dismissal of the petitions with heavy fine because these were filed by important people and added, "it is not a forum to probe the issue as the said matter is political and is causing tension between civil and military relationship".

Asma made it clear that petitioners should have to establish violation of fundamental rights but not on the basis of hypothesis or in the air. Such things must be proved for invoking article 184 (3) of the Constitution and these petitions should be dismissed by the court if the petitioners fail to prove.

Justice Mian Saqib Nisar raising question to Asma said that "you (Asma) should interpret Article 9, 14 and 19-A to show that the petitioners' claim about violation of fundamental rights is wrong. Similarly, the petitioners should also have to prove that fundamental rights were violated under these Articles of the Constitution."

Barrister Zafarullah, another petitioner in the case and Dr Tariq Asad presented their arguments on maintainability of the petitions under Article 184 (3) of the Constitution.

Advocate Rashid A Rizvi, counsel of Nawaz Sharif will present arguments in the case by exercising his right of reply on Friday.

Senator Ishaq Dar who is also member of the National Security Committee of the Parliament which is probing memo issue, will also exercise his right of reply on Friday.

During proceedings, Asma contented, "my client (Haqqani) is a patriotic Pakistani and never met Ijaz Mansoor during past two and half years." She termed the memo as figment of imagination of an American citizen.

Asma apprised the bench that former US National Security Advisor General James Jones declared the memo as unreliable.

The chief justice questioned then why he (James) forwarded it. Moreover, Chief of Army Staff General Ashfaq Kayani also held the memo as a reality.

Asma said his client has no objection to investigations at any forum, adding a commission could be formed for the probe into memo issue but it should be with a right of appeal in the apex court.