News
Tuesday, December 20, 2011
Memogate scandal: SC asks respondents to submit affidavits
* CJP says president has not filed his reply yet
* Says remaining silent sometimes means someone is party to issue
* Each para in reply filed by COAS very important
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Monday directed all the respondents and the petitioners in the memo case to file item-wise affidavits in order to clear the “cobwebs” in the different stands taken by them.
The court was hearing identical petitions on the memorandum scandal. A nine-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, observed that despite the passing of order on December 15 in chambers, replies/rejoinders have not been filed by the respondents, which were deemed necessary for just decision on the case. Justice Saqib Nisar while referring to the former US president Bill Clinton’s book, asked about the people who had contacted American administrators on Kargil issue.
The chief justice noted that president had not filed his reply yet; saying remaining silent sometime means being party to issue. “The apex court in constitution petition No 42 of 2011 has held that in order to ascertain as to whether a question of public importance is involved to exercise jurisdiction under Article 184(3) of the constitution, the facts of the case are required to be examined. Therefore the petitioners as well as the respondents are directed to file affidavits under Order VIII rule 1 of the Supreme Court Rules, 1980, subject to all just exceptions, to clear the cobwebs in the different stands taken by them”, the court said in its order.”
The bench also stated, “The federation shall swear affidavits, denying or accepting item-wise/parawise the stand taken by the Chief of Army Staff, DG ISI, former Ambassador Hussain Haqqani as well as Mansoor Ijaz. Both Haqqani and Mansoor shall also swear affidavits, denying or accepting para-wise stand taken by the federation, Chief of Army Staff, DG ISI, so on and so forth. All such affidavits shall be filed and exchanged by the parties before the next date of hearing”.
Taking serious notice of the December 1 press conference of PPP senior leaders at Press Information Department on the court’s order in the memo case, the SC directed the attorney general to submit what action the prime minister, being the chief executive of the country, had taken against those who had ridiculed the judiciary in the press conference, and also called for the record of the conference. The court also ordered the AG to provide the notifications of constituting commission on bin Laden compound raid, and the one regarding the resignation of Husain Haqqani.
The chief justice observed that some of the judges who were not sitting on the bench, and their families, were criticised. He said Maula Bux Chandio, being the law minister, should have not commented on the matter which is pending in the Supreme Court. The chief justice said: “You all should be grateful that the judiciary is functioning,” and added that for the first in this history of the country, the judiciary took a bold stance against the then dictator Pervaiz Musharraf on November 3, 2007. He stated: “They were well aware of their authority and how to use it.” The CJP said no case is greater than sovereignty of the country, and cited the example of separation of East Pakistan, now Bangladesh. The counsel for PML-N chief, Rashid A Rizvi, stated there is no specific denial to the content of his client’s petition. On the request of Asma Jahangir, the court adjourned the hearing till Thursday.
Courtesy www.dailytimes.com.pk