Memogate: Parliament failed to protect sovereignty says Nawaz

Published: December 1, 2011
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Nawaz Sharif at the Supreme Court proceeding on Thursday. PML-N has filed at least seven petitions for bringing to book the characters behind the memo affair after holding an independent probe. PHOTO: INP

Nawaz Sharif at the Supreme Court proceeding on Thursday. PML-N has filed at least seven petitions for bringing to book the characters behind the memo affair after holding an independent probe. PHOTO: INP

Nawaz Sharif at the Supreme Court proceeding on Thursday. PML-N has filed at least seven petitions for bringing to book the characters behind the memo affair after holding an independent probe. PHOTO: INP President Zardari, ISI chief and Kayani among respondents who are ordered to submit evidence in memogate case.

ISLAMABAD: Former Prime Minister Nawaz Sharif succeeded in pushing back the memogate affair under the spotlight as he and his party members dubbed the Parliament a failure before a nine member larger bench of the Supreme Court (SC) on Thursday.

On several occasions, before finally ordering a probe into the scandal, judges reminded Sharif and his party members to limit their submissions to the legal arguments.

The Pakistan Muslim League-Nawaz (PML-N) chief said he would not have been wasting the court’s time had the parliament been keeping its word on matters involving the sovereignty and security of the country.

“Neither the resolutions of the parliament and the parliamentary committees were implemented nor the joint sessions of the parliament succeeded in achieving its purpose,” Sharif said.

Nawaz, while providing evidence in the absence of his lawyer, said that Pakistani American businessman Mansoor Ijaz has proved that the memo was written after the approval of a “higher authority in Pakistan”.

The SC on Thursday gave the respondents in the memogate scandal case 15 days to submit their evidence to the apex court.

A notice was issued in this regard by the Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, who said that all parties named in the petition must present their evidence in order for the memogate scandal to be investigated. Justice Iftikhar noted that the case comes under the ambit of civil and criminal law.

The petition names 13 respondents including President Asif Ali Zardari, Chief of Army Staff (COAS) General Ashfaq Pervez Kayani and the Director General of the Inter-Services Intelligence (ISI).

The president’s secretary, the prime minister’s principal secretary, foreign secretary, defence secretary, interior secretary, secretaries of all provincial governors and the chief secretaries of all provinces are also among the respondents.

The court also said that former Ambassador Husain Haqqani, who has resigned over the matter, should not leave the country till the court’s decision is announced.

Meanwhile, during today’s proceedings, PML-N Senator Ishaq Dar, one of the petitioners in the case,  said the ‘Parliamentary Committee on National Security’ did not have any constitutional backing and may not be able to initiate action against the culprits.

The committee had been tasked with investigating the memogate affair.

“Such committees seldom put in real work and are formed only to sit and talk,” added Dar, when asked about the committee by the court. He said the parliament should understand it would cease to exist if it failed to have its decisions implemented.

The PML-N has filed at least seven petitions for bringing to book the characters behind the memo affair after holding an independent probe.

The Attorney General (AG) of Pakistan Maulvi Anwarul Haq, defended the parliament and said the committee set up for investigating the memo affair was validly formed and its findings should be given weight.

Justice Saqib Nisar observed if the AG was trying to say that the SC should not order a probe because the parliament was to begin investigation.

“All I am saying is that the parliamentary committee has been empowered to collect the evidence in this important affair. The court should wait for the findings before ordering an independent probe,” the AG pleaded.

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Reader Comments (41)

  • Muhammad Ahsan Khan
    Dec 1, 2011 - 3:00PM

    It is very timely and just step taken by the Supreme Court. The people of Pakistan should know what the three top guns are doing in a dark room.

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  • H.A. Khan
    Dec 1, 2011 - 3:53PM

    People should find out the truth.

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  • Asif
    Dec 1, 2011 - 4:10PM

    @Muhammad Ahsan Khan:
    Thanks PML(N) and nawaz shareef for this. Its time we pakistanis know what happen to our country in the backend.

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  • Liberal fascist
    Dec 1, 2011 - 5:12PM

    SC takes up all cases against PPP…this supreme court is not impartial.

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  • Faraz
    Dec 1, 2011 - 5:17PM

    STEP 1: Find the Judas among us.

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  • Blithe
    Dec 1, 2011 - 5:23PM

    We need transparency here.

    Good move by PML N

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  • Ch Allah Daad
    Dec 1, 2011 - 6:23PM

    The truth should come out. Mian Sahib has done a great service to the nation. These are the moments when real leadership takes vital steps.Recommend

  • Imran
    Dec 1, 2011 - 6:25PM

    There is no evidence. Besides why ask President and Kiyani to submit it, when only Pasha claims to have the alleged evidence.

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  • Khalid Aziz
    Dec 1, 2011 - 6:56PM

    One eyed devil or Pakistan’s anti-christ in action!

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  • SAJJAD SARWAR
    Dec 1, 2011 - 7:28PM

    It is sound Good, but unfortunately govt. did respond it positively. If we are going back in the History of Pakistan Court decisions our govt. always did not give any honor or any response to our court decisions. Simply we can say our leadership is a group of criminals.

    Public of Pakistan want a transparent Judicial system, Pakistanis donate their blood for the independence of Judicially system.

    Now how we can expect that this judicially will work transparent. because our national leadership itself not going to obey the decision of our court.

    now a days Supreme court of Pakistan is always talking and working on govt. cases. so how we can expect that it will work for the public…

    Govt. Should free and transparent our judicial system then we can say honorably that we are independent citizens of Pakistan

    I hope it will InshAllah.

    we want a independent and transparent judicial system of Pakistan.

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  • B
    Dec 1, 2011 - 9:12PM

    What a wonderful move by Nawaz Sharif.
    If he gets General Pasha or Kayani to come to the court it would be a ceremonial event in Pakistan’s history and would set a precedent of supremacy of law.
    Haters hate but Nawaz has actually taken a significant step for the better future of country instead of just doing a media trial, he went on to have an actual one.

    P.S
    I hope some PTI supporters can see that no man is evil personified and come to appreciate this.

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  • Mirza
    Dec 1, 2011 - 9:15PM

    The SC, Islamists are rightwing parties are playing hide and seek with the democracy and assemblies. They have already initiated a hearing assuming national assembly failed. In any country the congress is supreme, in Pakistan mullah/judiciary alliance is supreme. The height to anti-democracy is such that the court and NS are taking the shady CIA and ISI agent a foreigner (who has never been a Pakistani citizen) single handedly over HH, elected govt and democracy! What is the difference between Ray Davis and Mansoor Ijaz except the color of their skin? They both created major crisis in Pakistan. However, some are more interested in MI and treating him and his set up as a page from holy book.

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  • Maulana Diesel
    Dec 1, 2011 - 9:19PM

    yet another chance granted to co zardari! well done mr ns

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  • mamir
    Dec 1, 2011 - 9:30PM

    Independent Pakistan: independent media, independent judiciary. We are all independent to decide matters which suite our tastes/biases/benefits, be it constitution,religion or whatever. No need of democracy,no need of parliament, no need of Rule of Law. Because we are all independent.

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  • Muhammad Ahsan Khan
    Dec 1, 2011 - 9:46PM

    @Imran “There is no evidence”

    Does it mean that “Memogate” does not exist?

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  • Falcon
    Dec 1, 2011 - 10:09PM

    @Ch Allah Daad:
    No doubts there about the need for this query. However, if the same thing had been done by IK, you would have considered it a waste of time. Of course, Mian Sahib is the real leader who has serviced this nation by becoming one of the top 10 richest Pakistanis!

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  • Maryam
    Dec 1, 2011 - 10:26PM

    I think it was 1999 when Mian Sahib send the younger Mian Sahib, the khadam-i-ala these days, to US to ask them in helping rescue them from powerful Army. Hippocratic.

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  • Cautious
    Dec 1, 2011 - 10:35PM

    One might interpret his comments as saying your military has the sovereign right to overthrow the govt and your military has the sovereign right to hide OBL. I doubt he was singing that tune when the military tossed him out of office.

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  • Atif Ejaz
    Dec 1, 2011 - 10:35PM

    well done nawaz sharif

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  • Dec 1, 2011 - 10:36PM

    PML-N rocks!!!
    The true voice of nation!

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  • waqar
    Dec 1, 2011 - 11:24PM

    @Liberal fascist: so if PPP is involved in in the news for all the wrong reason, it’s the fault of supreme court?

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  • basharat
    Dec 1, 2011 - 11:39PM

    Constitution inquiry commissions is prerogative of the exective. Munir inquiry commission, Hamoodur Rehman Commission and many others were ordered respectively, by Punjab government and the Central government. Constition of a commission and appoinment of investigating officer is being seen as suspicious. Supreme Court is not an investigating authority. Ultimate remedy asked by Mian Sahib has been granted without hearing the respondents. The President has immunity, ordering him to reply within 15 days when the President has not waived his constitutional immunity is a situation difficult to understand.
    Ms Asma Jahangir has undertaken to defend Mr Hussain Haqqani.

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  • Mohammad Ali Siddiqui
    Dec 1, 2011 - 11:55PM

    I am glad to see that Mian Mohammad Nawaz Sharif while entering the Supreme Court is dressed up as a lawyer to plead the case.

    Since the matter is in the court, I would not like to comment on the case and have full faith and confidence in the judiciary, who will unearth each and every thing regarding the “memo” case.

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  • Shehzad
    Dec 2, 2011 - 12:13AM

    I fear only patriots exist in punjab. If such a situation exists then we should held plebiscite that whether Pakistan should exist or provinces should secede. I am forced to say just because Punjab never learnt any lesson from Dhaka. Benazir was a security risk? Balouchs and ANP leaders are security risk? Now Zardari is a security risk? I am seeing another series of falls. Fall of Sindh? Fall of KPK?

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  • Be-Realistic
    Dec 2, 2011 - 12:36AM

    @Liberal fascist: SC is not opening case against PPPP. they are working for Pakistan and want to show the facts of criminal group (PPPP), who looting and sucking all the institution of Pakistan like Railway, WAPDA, Steel Mill, Money Laundering and others u may know. please let to do good job plzzzzzzzzzzzz

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  • Yasir Mehmood
    Dec 2, 2011 - 1:49AM

    If supreme court brings ISI and army chief it will get interesting as Asma jehangir will also be in court :D

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  • akhtar
    Dec 2, 2011 - 1:57AM

    sharif is afraid to loose the election so he is involving SHARIF justice

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  • Mohammad Ahmed Khan
    Dec 2, 2011 - 2:04AM

    PML-N knows, with the passage of every minute, PTI is getting over.

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  • Mohammad Ahmed Khan
    Dec 2, 2011 - 2:08AM

    Finally NS awaken up. Lets see.

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  • Be-Realistic
    Dec 2, 2011 - 2:19AM

    @Maryam:
    If you have any evidence of that event then you should also sue in the SC against Mian Sahaban. Its a rite time to do something for our country. Prove to be a good Pakistani.

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  • Usman
    Dec 2, 2011 - 2:20AM

    @Muhammad Ahsan Khan:
    I think even if there is some evidence, I don’t think it would be sufficient in the court of law.

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  • Adnan
    Dec 2, 2011 - 2:22AM

    These courts are here to persecute only PPP and its leaders. I’ve never seen a Chief Justice so biased against the elected head of the state.. God Bless Pakistan!!

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  • Be-Realistic
    Dec 2, 2011 - 2:33AM

    @akhtar:
    Nice thinking:-) Please you should review your thinking in the context of Pakistan instead of PPPP.

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  • Tariq
    Dec 2, 2011 - 4:28AM

    This doesn’t seem very impartial by the Supreme Court. Where is justice for the average Pakistani ? Why do these politicians get preference for non isuses. Does any one remember when Nawaz Sharif ran off to Washington to see Clinton about the Pak Army over Kargil ! Bring that to the notice of the Supreme Court,…. I don’t think thats going to happen any time soon.

    Rape, murder, missing persons, robbery, corruption these are the real issues ! God help Pakistan

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  • MarkH
    Dec 2, 2011 - 5:22AM

    You can’t use that sovereignty line for this.
    How do you relate it to sovereignty and failure to protect it when nothing in the memo was acted upon? Nobody can dictate what people think. They can only prevent action. No action took place, so it remains nothing more than a thought.

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  • Dec 2, 2011 - 7:57AM

    He think that on his own or someone told him what to say when he went to London.

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  • Syed
    Dec 2, 2011 - 8:49AM

    @All, how many of you are using Blackberry and its feature BBM? Every BlackBerry device has a UNIQUE PIN number. IF BBM is used for conversation, damn this could be authentic as PURE GOLD. If haqqani has used BlackBerry a well for Chatting, its PIN number can be use to trace his messages. Remember, INDIA and UAE has asked Research In Motion(the makers of BlackBerry) to provide Monitoring facility for BBM – Why? to be able to monitor the BBM messages, network traffic. In today’s highly advanced world, people are just providing lame excuses in favor of so called Democracy which is threatening the very existance of Pakistan. Very disappointing indeed.

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  • Samina Khan
    Dec 2, 2011 - 5:40PM

    One is amazed at the sudden Memory loss of Nawaz Sharif, when he talks about supremacy of law and Justice. Nawaz Sharif always pretends to be innocent. It was Nawaz Sharif who planned a cowardly attack on Supreme Court of Pakistan. Nawaz Sharif robbed billion of rupees. Every Pakistani knows that he had links with Osama Bin Laden. He has taken 3.5 million from him in Saudi Arabia for sake of Taliban, but he spent half of this money on vote of no confidence against Benazir Bhutto. That shows his character. He pushes other into snake pit of accusation but don’t look upon himself. Supreme Court of Pakistan should also ask about his assets and pending cases.
    Here is the Video PROOF showing federal ministers of nawaz Sharif cabinet attacking Supreme Court!!!
    http://www.youtube.com/watch?v=xF2oj2B4pTg http://www.youtube.com/watch?v=xF2oj2B4pTg

    It seems hilarious and obnoxious when Nawaz Sharif talks about Justice, accountability and rule of Law. You are no more trustable Mian Sahib.

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  • Muhammad Ahsan Khan
    Dec 2, 2011 - 9:08PM

    @Usman
    “I don’t think it would be sufficient in the court of law.”

    Non existence of an evidence is not the proof of non existence of Memo-gate. In case if it is true then it is the court to decide if it is acceptable or not.

    An individual many have his personal “belief” (thought) of true or false. Any belief is a “doubtful reality” and not an absolute truth.

    Personally I agree with you.

    I consider both Nawaz and Zardari equal partners in their own ways except that the second is a better crook!

    Ahsan

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  • Muhammad Ahsan Khan
    Dec 2, 2011 - 9:46PM

    @Adnan
    Dear Adnan,
    I suppose by “ elected head of the state” you mean the present President of Pakistan (Zardari).
    He had been certainly elected by an electoral college of national assemblies and provincial parliaments; but he has been never directly elected by the PEOPLE as the presidents of US and France.
    Zardari is the head of the governing system of Pakistan and he has nothing to do with the people of Pakistan directly or indirectly.
    He is beyond the people, above the nation and elected supreme authority of the governing system of Pakistan.
    Theoretically he is above the Army. But that is another story because in Pakistan the army generals are the king makers!!
    Cheers.

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  • Aslam Khan
    Dec 8, 2011 - 8:12PM

    Just a week before Baber Awan asked CJ to open the case of Asgher Khan but nothing was response and even Chief Just snubbed Babar Awan. Now when Nawaz filed a petition against Hussain Haqqani, Chief Justice spared no second to admit it and started hearing of the case. What we as Pakistani should hope for justice? It means if there is some thing wrong or against NS, no one take it into consideration. It is the beauty of justice of today. I’m not sure why this court is called “independent judiciary”. As always, the court is dominated by Punjabi judges. As always, the court is anti-PPP. The supreme courts of 1990s were giving similar judgments against the PPP government, with a strong pro-Nawaz stance. Only one judge dared to challenge PML-N (not from Punjab), and he was then assaulted and humiliated. The only difference this time is that now the bias is stronger and much more obvious.

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