Haqqani's petition: SC gives Asma time to file additional grounds
18 January, 2012
ISLAMABAD: The Supreme Court on Tuesday granted time to Asma Jahangir, the counsel for former ambassador to US Husain Haqqani, to file additional grounds on his review petition against the court's December 30, 2010 order for the constitution of commission to probe the memo scandal.
The court also issued notice to the attorney general of Pakistan regarding another petition against the composition of the judicial commission.
A nine-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry heard Haqqani's review petition as well as Shahid Orakzai's petition, challenging the constitution of commission by the court.
During the hearing, Asma said that she had obtained certified copy of the court's detailed judgement regarding the formation of the commission to probe memogate case and she wanted to file additional grounds on the review petition. She requested the court to give some time for filing the additional grounds in the light of the detailed order.
The court, while accepting her plea, adjourned the hearing for indefinite period.
Earlier in his petition, Haqqani said that the court had heard petitions on the question of maintainability, whereas the 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."
"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 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."
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