The Supreme Court on Thursday granted another six weeks to the memo commission to complete the probe into the memo controversy. However, it did not take up Husain Haqqani’s application, in which he sought recording of his statement abroad through a video link, just like Masoor Ejaz, main character of memo scam, did.
A 10-member special SC bench headed by Chief Justice Iftikhar Muhammad Chaudhry, heard the petition, requesting extension of the memo commission’s term as well as plea filed by Haqqani, seeking video link facility for recording his statement abroad and the request by the commission to extend the deadline. The court retained its previous order of summoning Haqqani on a four-day notice and accepted the former ambassador’s plea of keeping his letter to the CJ secret until the next of hearing.
The court had formed a commission on memo scandal on December 30, 2011, comprising of chief justices of the Balochistan High Court, the Islamabad High Court and the Sindh High Court to probe into the origin, authenticity and purpose of creating/drafting the memo. The secretary of the commission however the other day prayed for the extension in time for finalising the commission’s proceedings, if so deemed appropriate. During the hearing on Thursday, Attorney General for Pakistan Maulvi Anwarul Haq who is also appearing before the commission stated that he had no objection to the extension of time for six weeks.
Salahuddin Mengal, learned ASC, for the petitioner, however pointed out that as the commission had already completed its major work, one week’s extension will be sufficient for the commission to complete and submit its report. After hearing both of them and in view of the statement made by the learned attorney general, the court agreed with the request made by the commission through its acting secretary for extension of time to complete the job assigned to it within a period of six weeks, commencing from the date when period already granted by this court shall expire.
Ch Akhtar Ali, AOR, submitted an application (CMA No.1169 of 2012) on behalf of Haqqani, wherein a request had been made to allow him to record his statement before the commission in similar fashion and through similar facilities as extended to Ijaz so that there was no application of discrimination between respondents and also as the circumstances had drastically changed since the applicant left the country as the respondent, Ijaz was accommodated on the plea of physical security and it is evident that the risks are manifold more to the life of the applicant. When the court asked the learned AOR to argue the application, he stated that as Asma Jehangir, ASC for the applicant Hussain Haqqani, was out of the country on general adjournment, therefore, the application shall be argued by herself on her return.
Muhammad Akram Sheikh, counsel for Ijaz and Naseer Ahmed Bhutta, counsel for Hafeezur Rehman, however, have drawn the attention of the court towards some of the contents of the application, as according to them, derogatory remarks have been made by the applicant against the members of the commission.
The court pointed out to them that as there was a request on his behalf through his AOR on the ground that the ASC was out of country and was also on general adjournment, therefore, it would postpone the hearing of this case.
The court in its order ruled that on March 28 at 10pm, a letter has been received by the registrar of its office, wherein besides mentioning other facts, the applicant has claimed the confidentiality about its disclosure.
The registrar has put up a note wherein he has pointed out that he has received an email addressed to him along with an application to HCJ in connection with Constitution Petitions Nos77-85 and 89, that the applicant claims confidentiality, however, some contents of the application have already appeared on Thursday in various newspapers (copies enclosed) and also telecast on several TV channels and that copies of the letter have also been forwarded to Asma Jehangir, Syed Zahid Hussain, Idrees Ashraf and Asad Jamal.
Be that as it may, as the applicant himself has claimed confidentiality although according to the contents of the report of the registrar some of the contents of the application have already appeared in press, therefore, till the decision of the application, the same shall be kept confidential, the court ruled.
The court also noted that the manner in which such letters are directly addressed to Chief Justice or Judges has already been discouraged, when such a letter was sent by Ijaz. However, the court again reiterated that instead of addressing any letter directly to the chief justice or judges of this court, correspondence should be done with the court in official capacity. The court directed that subject to all just and legal exceptions, the commission is required to complete its task as assigned to it expeditiously within a period of six weeks and disposed of the instant petition.
The court however, made clear that the application submitted by Husain Haqqani with the request, the case is being adjourned and the order already passed in respect of his appearance within a period of four days for which he himself gave an undertaking through his counsel is still intact. The court further directed that Akhtar Ali, AOR and Asma Jehangir, learned ASC for Haqqani are at liberty to make an application at any time for fixation of the case and no sooner such a request is received, the matter shall be taken up, subject to the availability of the Bench.
Later, the court adjourned the hearing to a date in office.