Memo case: SC adjourns hearing till January

By AFP
November 13, 2012

ISLAMABAD: The Supreme Court has adjourned the hearing of the infamous memo case till January and directed Husain...

ISLAMABAD: The Supreme Court has adjourned the hearing of the infamous memo case till January and directed Husain Haqqani’s lawyer Asma Jahangir to apprise the interior secretary in writing about the nature of threats to her client, Geo News reported.

A nine-member larger bench of the apex court, headed Chief Justice Iftikhar Muhammad Chaudhry, resumed hearing of memo case today.

During today’s hearing, the chief justice remarked that under Article 9, it is the responsibility of the government to provide security to its people. Husain Haqqani’s counsel Asma Jahangir reiterated her stance that her client has security concerns.

Replying to this, the interior secretary asked her to explain the nature of threats that her client has received so that appropriate security measures should be adopted. Asma Jahangir then demanded the interior secretary to provide security to Haqqani from Military Intelligence (MI) and Inter-Services Intelligence (ISI).

She questioned that if Haqqani was not threatened, then why he was made to stay in the Prime Minister House. The government was protecting him from the ISI.

Asma Jahangir continued saying that Husain Haqqani had vowed to return whenever needed and questioned that why the court had summoned him as he is neither an absconder not an accused.

The court, then, instructed to arrange appropriate security for the former ambassador and inform the Registrar two weeks before the hearing.

Later, the court adjourned the hearing till January.

The SC on Monday had summoned the interior ministry secretary to appear before the court today for addressing the security concerns shown by Husain Haqqani, Pakistan’s former ambassador to the United States, while visiting Pakistan to appear in memo case.

The court summoned the interior secretary to appraise it of effective measures for security to Husain Haqqani.

Appearing on notice, Asma Jahangir, counsel for Haqqani, contended that matters pertaining to his client’s review petition as well as his plea for exemption from appearance before the court in the instant case is still pending before the court.

The chief justice, however, observed that the former ambassador was not granted exemption from court’s appearance; hence, first his appearance before the court would be decided.

The chief justice reminded the counsel that her client was allowed to fly abroad after his promise that he will be available on a four days notice.

Asma Jahangir contended that her client appeared before the commission for recording his statement through video conference in London but he was not facilitated by the commission, hence, the scenario has totally changed regarding his availability on a four days notice.

She further contended that here client’s right was usurped as he was confined before going abroad.

The counsel further submitted that free movement is right of every citizen, but Haqqani’s fundamental rights were dropped when condition of permission for going abroad was imposed on him by the court.

Asma contended that the former ambassador has serious threats to his life in case he returns to Pakistan in such situation.

Justice Tassaduq Hussain Jillani told the learned counsel that the commission had only given its opinion that has not been approved by the court yet.

During the hearing, the court observed that the petitioners were directed to file replies and objections within five days but nobody has submitted replies so far.

At this, Asma Jahangir informed the court that a copy of Haqqani’s letter was shown to Barrister Zafarullah for information after the hearing.

Justice Saqib Nisar said that the letter is a privileged conversation between a lawyer and his client, and that there is no legal status of such conversation.

Asma contended that in compliance with the court’s order regarding reasons of non-appearance of Haqqani before the court she has filed replies repeatedly but objections were raised by the concerned branch.

Meanwhile, the court asked Attorney General Irfan Qadir as to whether he could ensure security to Husain Haqqani upon his arrival and stay for the instant matter as well his secure departure to abroad.

Irfan Qadir replied that being the attorney general he cannot make commitment for Haqqani’s protection, however, he submitted that he could consult the government in this regard.


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