The Judicial Commission, formed to review the controversial Memogate, has re-summoned all parties to appear before the commission for recording their respective statements.
The commission initiated its hearings on Monday, during which high-level officials like Foreign Secretary Salman Bashir, Cabinet Division Secretary Nargis Sethi, and Attorney General (AG) Maulvi Anwar-ul-Haq appeared for recording their statements.
Initiating the proceedings, the apex court inquired about the presence of Hussain Haqqani, and his receiving the summon; over which AG replied that Haqqani had received the notice , and was also in touch , but (he) could not come and might be represented by his advocate, Aasma Jehangir.
However, the commission chairman brushed it aside as an entirely different and irrelevant issue, but nevertheless Haqqani would be allowed to present his advocate.
The chairman also enquired about the presence of ISI DG who also stood absent from proceedings.
Replying to the commission’s enquiry regarding sending and receiving of court summons to Mansoor Ejaz and General James Logan Jones, the representative of Foreign Office informed that notices had been sent to them both via Pakistani embassy in Washington, but had yet to receive any clarification.
On the occasion, Bench-member Justice Qazi Fayez Essa enquired about the exact nature of involvement of Gen James Logan Jones in the entire scandal, over which the AG replied that Mansoor Ejaz claimed that the memo was sent to General Mike Mullen via General Jones.
The court directed the authorities concerned to send fresh summons notices to all parties, while also issued directives for provision of full security to Mansoor Ejaz, when he would arrive in Pakistan to render his statement, freely.
Qazi Fayez also probed AG about the voice text messages (over cell phones) between Mansoor Ejaz and Hussain Haqqani, and also enquired as to whether these messages had already been deleted.
The AG replied that even if these messages were ever deleted, they could still be retrieved from their storage in computer servers (software oriented technology); while replying about possible availability of data retrieval technology with FIA, the AG replied that ISI definitely could possess such technology.
The apex court said that it would ask information ministry to assist in obtaining/operating this data retrieval technology, while assistance of PTA (Pakistan Telecommunications Authority) would also be sought through the offices of interior ministry, besides seeking active services of Blackberry technology expert(s).
The AG informed that a Canadian-based company “Research & Promotion” could also be useful in this connection, as it could also provide with all data of messages exchanged.
The court also ordered issuing notice to request the Canadian-based company to assist in data retrieval.
Concluding its initial hearing, the commission ordered sending fresh summons to all concerned/involved parties (petitioners and respondents).
The explanation of AG on Hussain Haqqani's absence was brushed aside as irrelevant. However, the news of absence of DG, ISI was received quietly. This difference is very important.
Full security has been ordered for Mansoor Ijaz whereas no such direction has been given in the case of Jones. Another big difference.
Asma's opinion seems to be correct.
Also, full security for Hussain Haqqani should also be ordered because our Agencies are notorious for kidnapping. Sheikh Rasheed keeps on saying that if he is let out for 24 hours, he will become an Approver.
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