Pakistan’s former ambassador to the US Husain Haqqani seems adamant.
A day after Supreme Court Registrar Fakir Hussain returned his application with some objections, Haqqani filed an appeal on Saturday through his counsel Asma Jahangir challenging the registrar’s decision to turn down his application against the apex court’s December 1 order.
Haqqani is urging the apex court to recall its order on holding a probe into the memogate issue because it denied him the freedom of movement, sans a hearing.
The registrar on Friday had objected to the filing of the application against the order rather than a review petition.
The rejected application stated that the court has curtailed Haqqani’s movement and has also initiated a high-level investigation against him. “An impression has been created through the order that Haqqani was guilty of high treason,” the application said.
Asma said she would prefer an appeal against the order of the registrar before opting for a review petition. Appeals against the order of the registrar are usually placed before a judge of the Supreme Court in his chamber for a decision.
Through the application, Asma argued that an ex-parte interim order of December 1 was subject to recall or modification on the submission of a simple application after hearing the respondent. Besides, she contended, under the relevant Supreme Court rules, an application, not a review petition, was the proper remedy for recall of an ex-parte, interim order.
The counsel quoted the rule which said, “Nothing in these rules shall be deemed to limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.”
A nine-judge bench of the Supreme Court had earlier sought Haqqani’s reply, besides restraining him from travelling abroad, after hearing nine petitioners including PML-N chief Nawaz Sharif. The court had also named former FIA chief Tariq Khosa as head of the commission – however, Khosa has since declined.
The court marked December 19 for resuming the hearing of the Memogate case and to figure out what to do with the commission after Khosa’s refusal. Another important aspect of the case relates to the replies the court had sought from the president, COAS , the ISI chief and others.
Published in The Express Tribune, December 11th, 2011.