In a dramatic development, the memogate case, which had seemingly been overshadowed by Saturday’s NATO/ISAF attack in Mohmand Agency, resurfaced with a bang on Thursday as the Supreme Court, admitting the petitions for a regular hearing, observed that the memo seemed to be an attempt on the sovereignty of the country, sought replies from the president, the army chief and the Inter-Services Intelligence (ISI) chief within 15 days and formed an enquiry commission with a direction to the Parliamentary Committee on National Security to forward all details of the issue to the commission.
The apex court appointed former Federal Investigation Agency (FIA) director general Tariq Khosa the head of the commission to collect evidence in the memo issue and told him to submit his report within three weeks. The court directed all the provincial governments and the security agencies as well as Pakistan’s missions abroad to cooperate with the commission in collection of evidence. The court also empowered the commission to seek assistance of any retired police officers to complete the task. The Cabinet Division was also told to provide full logistical support to the commission.
The mood of the court with regard to the case was clear from the very outset with the remarks and the observations of the judges – who were apparently convinced that a conspiracy against the state and the army had been hatched – as Chief Justice Iftikhar Muhammad Chaudhry, who was heading the nine-member bench hearing the case, noted that Interior Minister Rehman Malik had reportedly stated that a communication did take place between Pakistan’s former ambassador to the US Husain Haqqani and Pakistani-American businessman Mansoor Ijaz.
HAQQANI: The court told Haqqani not to leave the country, observing that the Interior and Foreign Ministry would be responsible if he did. The court told the government that a special prosecutor general should be tasked with collecting pre-trial evidence from the persons involved in the matter as well as the other parties concerned to determine the legal status of the memo along with the reasons that necessitated its writing.
Attorney General Maulvi Anwarul Haq told the court that in response to a parliamentary resolution and on orders from the prime minister, the matter of the memo was sent to a 14-member Parliamentary Committee on National Security, which would begin examining the matter after Muharram, thus the matter may be referred to it. The court held that although it did not differ from the mandate of parliament, the committee had no constitutional mandate to investigate the issue. To a court query, the attorney general stated that the issue could be investigated under the Army Act but the court said if the committee had any evidence, it should hand it over to the enquiry commission.
The chief justice observed that the court could not compromise on the sovereignty and defence of the country. After hearing Pakistan Muslim League-Nawaz (PML-N) President Nawaz Sharif, who had once appeared in court as an accused in the 1990s, the court accepted the pleas for regular hearing under Article 184(3) of the constitution. Upon his arrival, Nawaz was received by the deputy registrar of the Supreme Court.
The court noted that prima facie it seemed as if Haqqani, who was guardian of the country’s interests as ambassador, sent the memo to former US Joint Chiefs of Staff chairman Admiral Mike Mullen through Ijaz. It said anyone involved in the matter must have their own interests, thus must be prosecuted.
The court noted that the memo issue involved questions such as whether it was a matter of civil nature in which negligence was committed, and its results attract the provisions of Article 6, or whether it was a criminal matter.
What rang alarm bells in the Presidency were the remarks of Justice Tassaduq Hussain Jilani that the president could be punished for conspiring against the state and the army under Article 5 of the constitution.
The court heard all nine petitioners, including Nawaz Sharif, who demanded the memo issue be probed as it was a conspiracy to break the country. He requested the court to summon the president, the army chief, the ISI chief and other respondents to ascertain the facts of the matter. He said he was not directly leveling allegations against the president but questioned how an ambassador dared to write such a memo without the consent of the prime minister.
When Justice Mian Saqib Nisar asked Nawaz why the court should interfere in the matter in the presence of parliament, the PML-N chief expressed lack of confidence in parliament, saying an institution whose resolutions had not been respected could not be entrusted with an enquiry of this magnitude.
“Had we put this issue before parliament, it would do nothing as the opposition was not taken into confidence on many issues,” he stated.
Kash Supreme Court also review/decide my case of dispension from P.I.A uder Martial law Regulation of 1981 inspites of my several petitions.O God when those day will come in my life to give light in days of long darkness.I am still hopeful.
God help Pakistan ! Supreme Court give relief to the masses and not just to the corrupt elite (like Nawaz Sharif) over non serious issues.
Nawaz Sharif should be brought to book and so should we hold General Musharraf (not Pakistan Army) to account but this is certainly not a 'non-serious issue',
This is a major Treason case. Seeking US help to dismantle Pakistan Army and putting Pakistan's sovereignty in jeopardy.
One eyed devil or Pakistan’s anti-christ was in action today in Sharif Court.
In our courts , their should be a public opinion panel consisting on public. So that in these type of cases their should be someone who can think as PAkistani, as a simple person….
Hello Pakistanis! Look!, how easily a Mansoor Ejaz involves you all in a Memogate, even the supreme court …how can you fight with powerful nations like Americans?? Your job is to be involved in blame games and judicial politics, you are LIONS within your country, you are experts of promoting militancy and extremism and you have excellence in the art of collecting dollars in aids for poor people and then to increase your wealth abroad. You never tiered talking on public interests but no care in real!!! Please stop fooling people, fear to God!
Supreme Court proceedings and orders passed are extremely disappointing. This whole Memo issue does not make sense. Supreme Court has gone much beyond its jurisdiction. It is true that SC is supposed to interpret Constitution but this does not mean it has the authority of arbitrary exercise of this power. Appointment of Tariq Khosa, by itself, proves judicial prejudice. It is well known fact that he is not happy with the government. One of his brothers is a comrade of Chief Justice, the other brother is serving as Chief Secretary under Shahbaz Sharif and this Tariq Khosa is son-in-law of Nasim Hasan Shah, the notorious ex-Chief Justice of Pakistan who himself confessed on Television that he wrongly sentenced Zulfikar Ali Bhutto.
It is a himalyan tragedy to have Chaudhry as a Chief Justice. Presently, Pakistan has the distinction of having history's most prejudiced judiciary.
Suffice it to say that you have got it absolutely wrong.
By the way James you are not what you claim to be.
Supreme Court has gone much beyond its power to order a commission headed by his crony, named, Tariq Khosa. Who is Tariq Khosa? The answer is:
1) One of his brothers is a Comrade of Chief Justice.
2) Another brother is Chief Secretary, Punjab serving under the brother of Petitioner.
3) He is son-in-law of Nasim Hasan Shah, the same judge who admitted on TV having wrongly sentenced Bhutto to death.
From the above facts, you do not need to be Socrates to understand the mindset of present Chief Justice of Pakistan. It is a tragedy that he plays politics and certain politicians try to take advantage of his favourite pastime.
We need to determine who wrote and who instigated the writing of a memo inviting a foreign power to intervene in the matters of the state.
We need to deliver dispassionate justice. We also need to treat individuals so implicated with compassion.
The rest is small print.
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