The Supreme Court of Pakistan on Monday heard the case pertaining to a secret memo sent to US Admiral Mike Mullen for his help against Pakistan military and directed the government to ensure full security for the ex-ambassador to US, Hussain Haqqani, when he comes to Pakistan.
US businessman Manzoor Ijaz brought the scandal to limelight when he blamed Pakistan’s former ambassador to US Hussain Haqqani for writing the memo seeking US intervention to avert a possible overthrow of the PPP government by the Pakistan military.
On Monday, a nine-member larger bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing.
During the proceedings, Chief Justice Iftikhar Chaudhry remarked that Husain Haqqani should have kept his promise as he was not granted exemption from appearing before the court. He further said that the petitioners were instructed to submit replies and objections within five days.
Replying to this, Husain Haqqani’s lawyer Asma Jahangir apprised the bench that a copy of Haqqani’s letter was shown to Barrister Zafarullah for information after the hearing.
On this, Justice Saqib Nisar said that the letter is a mutual conversation between a lawyer and his client. ‘What is the legal status of such conversation?’ Justice Nisar questioned.
Asma Jahangir told that the reasons of Haqqani’s absence and objections over the memo commission were submitted on which Barrister Zafarullah had submitted Haqqani’s letter regarding his refusal on appearing before the court on July 12. Justice Nisar told that the letter was returned by the court.
Asma Jahangir said that the memo commission had declared him a traitor and told that her client has serious threats to his life if he will return to Pakistan. She demanded from the attorney general to provide security to Husain Haqqani and a guarantee for safe departure.
She also alleged that calling Haqqani back is just a trick with him.
Replying to this, Justice Tassaduq Hussain Jillani said that the commission had only given its opinion that has not been approved by the court yet.
Chief Justice Iftikhar Chaudhry said that the court has never demanded his permanent stay in the country and that he can submit his request to the interior secretary to provide foolproof security from his arrival till departure.
Chief Justice, then, questioned the attorney general if he could guarantee Husain Haqqani’s security. Replying to this, the attorney general said that it is not his job but the government can be asked to provide him security.
At the outset of the hearing, Haqqani’s counsel Asma Jahangir contended that Haqqani’s review petition has not yet been heard by the court, along with his plea seeking exemption from appearance in the memo case.
The CJP observed that firstly the matter of Haqqani’s appearance would be decided as the ambassador had flown to US and refused to face the commission.
“The court was assured by you that Haqqani can turn up on a four-day notice, we respected your words as you are a senior lawyer, but he didn’t appear and now filed a petition for exemption from court appearance,” the CJP addressed Asma Jahangir.
Asma Jehangir said there was no example of video-conferencing before Haqqani at the time when he promised to return on a four-day notice.
She said unlike Manzoor Ijaz, Hussain Haqqani was not facilitated for video-conferencing. “It was not a leniency but his due right which was grabbed… If arrived in Pakistan, he can’t go back as public circles have already declared him a ‘traitor’.”
Justice Saqib Nisar said that what conduct deserves someone who cheats the court and goes abroad.
The court then directed the federal interior secretary to appear before the court but the federal secretary could not turn up because of unknown reasons. The court then adjourned the hearing till Tuesday.