SC rejects Haqqani’s plea for video statement

Rejecting an application filed by former ambassador to the US Husain Haqqani in which he requested the court to direct the memo commission to record his statement abroad via video link, the Supreme Court on Tuesday said it was the prerogative of the commission to decide the mechanism of recording statements.
A 10-member special bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry said in its order that, “The commission, without prejudice in case of anybody, may adopt a procedure for recording of statement in the interest of justice as desired by it.” At the onset of hearing, Asma Jahangir, counsel for Haqqani, pointed out that under the earlier order of the apex court in the memo scandal, her client was not bound to record his statement in Pakistan and not from abroad.
She told the bench that the commission turned down request of Haqqani to record statement through video link in London when he reached the same building from where Mansoor Ejaz was recording his statement through video conferencing. She submitted that Haqqani’ fundamental right was breached because he was not allowed to record statement through video link, but Mansoor Ijaz was permitted to record statement through the video conference before the commission. Asma alleged that Haqqani was declared accused before trial of the case, saying she was only requesting the bench to extend the same facility to her client which was provided to Mansoor Ijaz for recording the statement from abroad. She categorically repeated that a facility which was extended to an alien in the case must be given to Haqqani as well. The chief justice remarked that everybody was out of danger when moving outside Islamabad, saying the biggest protector was God, to which Asma said if everybody in the country believed the perception, then she would have no objection to the presence of her client in Pakistan. Justice Mian Saqib Nisar observed that if Haqqani had been receiving threats during his stay in Pakistan, was it possible for him to put a request to record his statement abroad. Asma said that country’s establishment was powerful and nobody could be spared from it. The bench inquired from the counsel for Haqqani if she would raise any objection in case the court observed that the issue of recording the statement should be tackled by the memo commission.
Asma submitted that she would not raise any objection. A petitioner in the case, Tariq Asad, appeared before the bench and read out the last four lines of the order of the apex court relating to the memo commission on January 30, 2011 and said there were crystal clear orders that Haqqani was bound to return to Pakistan within four days when summoned. “In the past, everybody was taking the contempt of court matter seriously but the situation is totally different now, as in the corridors of apex court people openly discuss contempt of court matters.” He also named TV anchor Najam Sethi, who frequently discussed contempt of court related matters in his program. Justice Jawwad S Khawaja said the court conducted its proceedings under the law and had nothing to do with the discussions which were out of the law. Akram Sheikh, counsel for Mansoor Ijaz, contended that his client and Haqqani’s situation was totally different in the case, but the bench observed that the commission was competent to address all issues relating to the proceedings.