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Thursday, January 12, 2012

SC accepts Haqqani’s review plea against memo order

Staff Report

ISLAMABAD: The Supreme Court has accepted a petition by former ambassador Husain Haqqani’s petition, requesting the court to review its December 30 order on the memo scandal and issue a stay order against the judicial commission probing the case “until the petition is disposed of”.

Asma Jahangir, the counsel for Haqqani, filed the application under Article 187 of the constitution read with Order XXXIII Rules 6 of the Supreme Court Rules 1980, for the suspension of the December 30 verdict.

It is expected that a nine-member Supreme Court bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, will take up the review petition the next week.

“Pending disposal of the civil review petition, proceedings of the commission formed under the Supreme Court order may graciously be stayed,” the petition said, adding, “The applicant will suffer irreparable harm if the commission reaches a conclusion while the petition is pending.”

Haqqani said in the petition that the court had heard petitions on the question of maintainability, whereas December 30, 2011, order exhausted the entire relief sought by the petitioners in every respect.

He also objected to the constitution of the judicial commission by the court, saying it was “not permissible” under the law. “Direction cannot be issued to the judges of a high court to constitute a commission. Under the CPC Order 26 rule sub rule 2 a commission set up to examine any person or evidence may be deputed to any court except a high court. High courts are not subordinate to the Supreme Court and thus no direction can be issued to them. Article 187 of the constitution remains subject to Article 175 (2) of the constitution and thus this court cannot direct the high courts.”

Haqqani also stated that Article 2A of the constitution cannot override the provisions of the fundamental rights given in Chapter 1 Part-II of the constitution, and only fundamental rights given in Chapter 1 Part-II could be invoked under Article 184(3) of the constitution.

“The fundamental rights of the applicant under Article 9 and 15 have been denied whereas the applicant has so far not been formally accused of any offence of whatsoever nature.”

Courtesy www.dailytimes.com.pk

 

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