Monday, January 30, 2012

Memo commission gets 2 more months

Pakistan Supreme Court lifts travel ban on Husain Haqqani

* Ex-envoy assures court that he will return on a 4-day notice if and when required

* Court sends Ijaz’s plea for recording evidence outside Pakistan to commission

By Hasnaat Malik

ISLAMABAD: A nine-member bench of the Supreme Court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, on Monday lifted travel restrictions imposed on former ambassador to the United States Husain Haqqani and granted two more months to the judicial commission to complete the memogate case investigations.

“We have heard the attorney general of Pakistan, who has briefed us about the proceedings so far undertaken by the commission. From the facts so narrated by him, it seems that the commission has not completed its proceedings to procure evidence, and as it has been pointed out that Mansoor Ijaz has not appeared before the commission, therefore, some time is likely to be consumed to complete this exercise. The attorney general of Pakistan and the counsel appearing for Husain Haqqani have no objection. However, Barrister Zafarullah Khan, ASC, has stated that in absence of the statement of Mansoor Ijaz, the statement of ISI director general who has already given his affidavit, be recorded. We do not want to interfere in the proceedings, which are being undertaken by the commission. However, in the interest of justice, we extend the time for completion of the proceedings for a period of two months commencing from the passing of this order,” the court said while permitting Husain Haqqani to go abroad.

The court observed that the counsel for Husain Haqqani has submitted an application, inter alia stating therein that he had fully cooperated with the commission and would continue to do so and also undertook to return to Pakistan any time on four days’ notice to join the proceedings, if and when required to do so by the commission, therefore, the condition placed upon him of not leaving the country be withdrawn and he be allowed to join his family abroad.

The attorney general of Pakistan has no objection if permission, as prayed for, is accorded and Husain Haqqani is allowed to leave the country in view of the undertaking given in the application to return back on four days’ notice whenever his attendance is required by the commission.

The court refused to hear an application moved by Mansoor Ijaz, the main character behind memogate issue, seeking its direction for the commission to record his evidences outside Pakistan.

Justice Jawwad S Khawaja told Ijaz’s counsel, Akram Sheikh, that they had to exercise complete detachment for reaching the correct decision.

The bench in its order directed the Registrar to take into possession a letter sent by Ijaz under caption ‘secret’ and keep it sealed. Haqqani was earlier asked not to leave the country without prior permission of the court.

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