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Thursday, December 29, 2011
Haqqani’s counsel asks SC to summon Ijaz* Asma tells court Ijaz should be called for cross-questioning in the case
* Says if Haqqani is proven guilty, a trial magistrate will hear his case, not the top court
ISLAMABAD: Asma Jehangir, counsel of Husain Haqqani in the memo case, pleaded on Wednesday before the apex court that American-Pakistani businessman Mansoor Ijaz be summoned to appear before the bench in order to be cross-questioned.
A nine-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising of Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Jawwad S Khawaja, Justice Tariq Pervez, Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry and Justice Muhammad Athar Saeed heard the case and adjourned the hearing for Thursday.
She said that the due process of law demanded that any criminal case must be filed before a judicial magistrate, rather than in the apex court, adding that the due process of law had not been observed in the case of her client. The chief justice then observed that investigations into the memo issue would be more transparent under the judiciary, adding that the court had the jurisdiction to determine the forum to probe the matter. He said the court could interfere in any matter involving public interest and a breach of fundamental rights.
Asma said, “If the trial is to take place at the apex court, then Mansoor Aijaz should be called. We are geared up to cross-question him.” In her arguments on the maintainability of petitions filed by Nawaz Sharif and others with regard to the memo issue, she quoted several judgements related to the non-maintainability of petitions and stated that the petitions filed with regard to the memo were vague and based on hypotheses.
“The petitioner is supposed to tell the court whose fundamental rights have been affected,” she added.
She stated that the memo issue did not pertain absolutely to the basic rights of anyone.
The chief justice noted that Chief of the Army Staff (COAS) General Ashfaq Parvez Kayani and Inter-Services Intelligence (ISI) Director General Lieutenant General Ahmed Shuja Pasha had acknowledged the existence of the memorandum.
He noted that Prime Minister Yousaf Raza Gilani had not denied its presence, adding that although President Asif Ali Zardari had not submitted his rejoinder, it did not mean that he had denied the existence of the memo.
Justice Shakirullah Jan remarked that high-level meetings and Haqqani’s resignation signified the presence of the memo.
Asma stated that if the president was responsible for this, then a case regarding his impeachment came into question, saying that if Haqqani was involved in it, then he was liable to face a criminal case and that if the president was involved, he was liable to face an impeachment case.
Speaking about the importance of parliament, she said that a judicial probe could not meet all angles of inquiry, which a parliamentary committee could.
Asma said that her client had sent everything the parliamentary committee had demanded regarding the probe in the memo issue and added that according to the Constitution, the security of the country was the responsibility of the executive, not the judiciary.
“If there is no faith in the parliamentary committee, then there is no faith in parliament,” she stressed.
“How could the investigation of the memo be handed over to a parliamentary committee on the direction of the principal secretary of the prime minister,” questioned Justice Jawad S Khawaja and added that even the prime minister could not direct parliament. The chief justice remarked that only the National Assembly or a joint resolution of parliament could give a parliamentary committee the mandate for an inquiry.
Meanwhile, the court directed the parties to conclude their arguments by Wednesday (today) and adjourned further hearing for Thursday (tomorrow). staff report/app
Courtesy www.dailytimes.com.pk