ISLAMABAD, Dec 30 (APP): A nine-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry on Friday declared petitions in Memo Case maintainable after hearing arguments from both the sides in length. The bench also announced a three-member Commission headed by Chief Justice Balochistan High Court, Justice Qazi Faiz Isa and comprising Chief Justice Sindh High Court Justice Mushir Alam and Chief Justice Islamabad High Court Justice Iqbal Hameedur Rehman. District and Sessions Judge Islamabad Jawad Abbas has been announced as Secretary of the Commission.
The Commission has been directed to complete its investigation within a period of four weeks.
In its short order passed by the bench comprising Chief Justice Iftikhar Muhammad Chaudhry, 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 decided that petitions were maintainable.
The bench held that in these petitions, petitioners have succeeded in establishing that the issues involved were justifiable and question of public importance with regard to enforcement of fundamental rights, prima facie, under Articles 9, 14 and 19A of the Constitution has been made out. Thus, the petitions under Article 184(3) of the Constitution were declared maintainable.
According to the order, the Commission shall hold its meetings in the building of Islamabad High Court. The Commission shall be exercising all the powers of Judicial Officers for the purpose of carrying out the object mentioned hereina bove and it shall be free to avail itself services of advocates, experts of forensic science and cyber crimes. All the Federal Secretaries, including Interior Secretary, Secretary Cabinet, Secretary Foreign Affairs; Chief Secretaries of all the provinces; Director General Federal Investigation Agency (FIA), Inspector Generals of Police of all the provinces and Ambassadors of Pakistan to USA and UK, shall provide necessary assistance to the Commission.
The government of Pakistan through Secretary Cabinet Division shall provide logistic support to the Commission, subject to its demands through the Secretary of the Commission.
The Commission shall be authorized to collect evidence within and outside Pakistan according to prevailing laws on the subject.
The Commission shall provide full opportunity of hearing to all the parties.
“It is to be noted that the reply submitted before the Court by Mansoor Ijaz, inter alia, comprises of certain documents including exchange of e-mails and other communications using the BlackBerry Messaging service commonly known as BBM between them i.e. Mansoor Ijaz and Hussain Haqqani were in constant touch either through BBM, e-mails or voice calling w.e.f. 9th to 12th May, 2011,” the order said.
According to the record, the bench said that, in fact, during relevant days,as many as 85 BBMs, voice calls and e-mails were exchanged between the two.
In its short order passed by the bench comprising Chief Justice Iftikhar Muhammad Chaudhry, 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 decided that petitions were maintainable.
The bench held that in these petitions, petitioners have succeeded in establishing that the issues involved were justifiable and question of public importance with regard to enforcement of fundamental rights, prima facie, under Articles 9, 14 and 19A of the Constitution has been made out. Thus, the petitions under Article 184(3) of the Constitution were declared maintainable.
According to the order, the Commission shall hold its meetings in the building of Islamabad High Court. The Commission shall be exercising all the powers of Judicial Officers for the purpose of carrying out the object mentioned hereina bove and it shall be free to avail itself services of advocates, experts of forensic science and cyber crimes. All the Federal Secretaries, including Interior Secretary, Secretary Cabinet, Secretary Foreign Affairs; Chief Secretaries of all the provinces; Director General Federal Investigation Agency (FIA), Inspector Generals of Police of all the provinces and Ambassadors of Pakistan to USA and UK, shall provide necessary assistance to the Commission.
The government of Pakistan through Secretary Cabinet Division shall provide logistic support to the Commission, subject to its demands through the Secretary of the Commission.
The Commission shall be authorized to collect evidence within and outside Pakistan according to prevailing laws on the subject.
The Commission shall provide full opportunity of hearing to all the parties.
“It is to be noted that the reply submitted before the Court by Mansoor Ijaz, inter alia, comprises of certain documents including exchange of e-mails and other communications using the BlackBerry Messaging service commonly known as BBM between them i.e. Mansoor Ijaz and Hussain Haqqani were in constant touch either through BBM, e-mails or voice calling w.e.f. 9th to 12th May, 2011,” the order said.
According to the record, the bench said that, in fact, during relevant days,as many as 85 BBMs, voice calls and e-mails were exchanged between the two.
Prima facie these communications form the most important piece of evidence regarding purported contacts between the two for the purposes of drafting the alleged Memo.
In addition to these dates, Mansoor Ijaz also claimed that he had electronic/telephonic interactions with Hussain Haqqani on October, 28 and November 1, 2011. Therefore, in the interest of justice, it is appropriate to get the confirmation about the veracity and authenticity of these communications from the original company known as Research in Motion (RIM) based in Canada being the sole and exclusive custodian of such information, the order said.
Therefore, the Attorney General has been directed to contact the said Company RIM through Secretary, Ministry of Foreign Affairs for getting confirmation about the authenticity of the above mentioned electronic communications exchanged between Mansoor Ijaz and Hussain Haqqani.
This confirmation may be obtained at the earliest and in order to save and protect the forensic evidence and to scrutinize the same it should be produced before the Commission. As forensic evidence is likely to be collected from the company Research in Motion (RIM) based in Canada, therefore, the High Commission of Pakistan in Canada is directed to cooperate and assist the Commission as well, the order said.
It may be noted that vide order dated 1st December, 2011, Hussain Haqqani was directed not to leave the country without the permission of the Court. This order is kept intact.
The relevant office of the Supreme Court was directed to put a separate note in the Chambers of Chief Justice of Pakistan along with the transcription of the press-conference dated 1st December, 2011 of Mr. Babar Awan, Sr. ASC along with replies/reactions of the Prime Minister of Pakistan dated 23rd December and 26th December, 2011 for passing appropriate orders.
The hearing of the petitions were adjourned for a date to be fixed by the office after receipt of the report from the Commission.
These petitions were filed by former Prime Minister Mian Muhammad Nawaz Sharif, Parliamentary leader of PML (N) in the Senate Ishaq Dar, Member National Assembly PML (N) and former Governor Balochistan Abdul Qadir Baloch, Dr Tariq Asad and Barrister Zafarullah Khan besides others.
Earlier, the counsel of Mian Muhammad Nawaz Sharif, Rashid A Rizvi exercised his right of reply to arguments of Asma Jehangir and presented references of various judgments in favour of maintainability of petitions under Article 184 (3) of the Constitution.
Petitioner Ishaq Dar appeared before the court in person and adopted arguments of Rashid A Rizvi.
Asma Jehangir completed her arguments on Thursday and said these petitions were vague and based on hypothesis and presented several judgments related to non-maintainability of such petitions. “Petitioner is supposed to tell the court as which fundamental rights have been affected.”
The Federation,President,Chief of the Army Staff (COAS), Director General Inter Services Intelligence (ISI) and many others including the Ministry of Foreign Affairs were made respondents in petitions.
Earlier,the bench had reserved the order about maintainability of the petitions and said it was to be announced at 1500 hours. However, the short order came at 1550 hours.
Counsels of petitioners and respondents besides petitioners Ishaq Dar, Barrister Zafarullah and Dr Tariq Asad and a large number of PML (N) leaders including Members of the National Assembly Sardar Mehtab Abbasi and Ayaz Amir were also present in the court room when the order was announced.
In addition to these dates, Mansoor Ijaz also claimed that he had electronic/telephonic interactions with Hussain Haqqani on October, 28 and November 1, 2011. Therefore, in the interest of justice, it is appropriate to get the confirmation about the veracity and authenticity of these communications from the original company known as Research in Motion (RIM) based in Canada being the sole and exclusive custodian of such information, the order said.
Therefore, the Attorney General has been directed to contact the said Company RIM through Secretary, Ministry of Foreign Affairs for getting confirmation about the authenticity of the above mentioned electronic communications exchanged between Mansoor Ijaz and Hussain Haqqani.
This confirmation may be obtained at the earliest and in order to save and protect the forensic evidence and to scrutinize the same it should be produced before the Commission. As forensic evidence is likely to be collected from the company Research in Motion (RIM) based in Canada, therefore, the High Commission of Pakistan in Canada is directed to cooperate and assist the Commission as well, the order said.
It may be noted that vide order dated 1st December, 2011, Hussain Haqqani was directed not to leave the country without the permission of the Court. This order is kept intact.
The relevant office of the Supreme Court was directed to put a separate note in the Chambers of Chief Justice of Pakistan along with the transcription of the press-conference dated 1st December, 2011 of Mr. Babar Awan, Sr. ASC along with replies/reactions of the Prime Minister of Pakistan dated 23rd December and 26th December, 2011 for passing appropriate orders.
The hearing of the petitions were adjourned for a date to be fixed by the office after receipt of the report from the Commission.
These petitions were filed by former Prime Minister Mian Muhammad Nawaz Sharif, Parliamentary leader of PML (N) in the Senate Ishaq Dar, Member National Assembly PML (N) and former Governor Balochistan Abdul Qadir Baloch, Dr Tariq Asad and Barrister Zafarullah Khan besides others.
Earlier, the counsel of Mian Muhammad Nawaz Sharif, Rashid A Rizvi exercised his right of reply to arguments of Asma Jehangir and presented references of various judgments in favour of maintainability of petitions under Article 184 (3) of the Constitution.
Petitioner Ishaq Dar appeared before the court in person and adopted arguments of Rashid A Rizvi.
Asma Jehangir completed her arguments on Thursday and said these petitions were vague and based on hypothesis and presented several judgments related to non-maintainability of such petitions. “Petitioner is supposed to tell the court as which fundamental rights have been affected.”
The Federation,President,Chief of the Army Staff (COAS), Director General Inter Services Intelligence (ISI) and many others including the Ministry of Foreign Affairs were made respondents in petitions.
Earlier,the bench had reserved the order about maintainability of the petitions and said it was to be announced at 1500 hours. However, the short order came at 1550 hours.
Counsels of petitioners and respondents besides petitioners Ishaq Dar, Barrister Zafarullah and Dr Tariq Asad and a large number of PML (N) leaders including Members of the National Assembly Sardar Mehtab Abbasi and Ayaz Amir were also present in the court room when the order was announced.
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