Memo commission, Haqqani’s counsel lock horns on cross-examination procedure

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A high drama prevailed in the Islamabad High Court on Friday as Zahid Bukhari, the counsel for Husain Haqqani, continued putting ‘irrelevant’ questions to the US national Mansoor Ijaz during his cross-examination that led to flaring of tempers, followed by his announcement to withdraw the power of attorney.
As the memo commission chairman Justice Qazi Faez Isa discarded a number of questions put forward by Bukhari to Ijaz as irrelevant, the latter started challenging the procedure of cross-examination adding that he was against forming the commission.
Bukhari continued with the questions as definition of the memo, whether it was written on a prescribed letterhead, did it contain any signatures of Haqqani to which Justice Isa observed that this all we know as it is a matter of record. Upon this Bukhari said in a louder voice that it was difficult for him to continue with the cross-examination adding the commission was objecting each and every thing.
Justice Isa observed, “You (Bukhari) always raise your voice. Please control yourself.” Bukhari replied, “You don’t allow me to get the answer uninterrupted.”
An exchange of hot words took place between the counsel and the chairman of the commission. Bukhari again interrupted Justice Isa when he tried to get the answer correctly recorded upon which Justice Isa said, “It is a basic courtesy of the human behaviour that when one speaks the other listens.” He asked Bukhari to ‘conduct’ the proceedings if he had to interrupt on each and every occasion.
An irritated Bukhari said he did not go under such an admonishment during his 44-year practice as lawyer. “I cannot work with a judge of high temper and having a particular mindset… I have summoned my client as I have decided to desist from the proceedings,” he told the commission. He said it was not simply possible for him to continue as Haqqani’s lawyer.
Justice Isa told Bukhari that the commission needed clarity in both question and the answer. “We are cognizant of your rights. You did not put a single question that remotely related to the probe in hand,” he added. In the meantime, Haqqani reached the Pakistan High Commission and said his counsel felt that he was not given the opportunity to expose the credentials of the witness. Bukhari said he was not being facilitated as the commission was interrupting him. He announced to withdraw his power of attorney and left the Pakistan High Commission building reportedly to address a press conference outside. After a deadlock, the commission adjourned the proceedings for half an hour on the request of Akram Shaikh, the counsel of Mansoor Ijaz. When the commission resumed its proceedings, chairman of the commission Justice Isa addressed Bukhari, “Since your ire is towards me, I offer you that another member of the commission may conduct the proceedings”. However, the offer did not work and Bukhari insisted that he was withdrawing his power of attorney. But Justice Isa declined the request and added that he could not do so without permission of the commission. He made it clear that there would be no adjournments and the commission would proceed further with his associates and Haqqani himself.