ISLAMABAD: Investigations by a panel of the supreme body of the land, the parliament, will not be enough.
The Supreme Court on Friday formed a commission, comprising High Court judges, to probe into the scandal, which has left the country’s executive and military at loggerheads. The commission is to submit its findings within a month.
Delivering a unanimous verdict on the maintainability of petitions, the apex court on Friday said that the petitioners succeeded in establishing a case of public importance with regard to enforcement of fundamental rights, prima facie, under Article 9, 14 and 19-A of the Constitution.
The court cast aside arguments that it could not interfere in matters involving deep political questions and that a violation of a fundamental right was a must to invoke its jurisdiction.
The commission will probe into an unsigned memo that purportedly sought from the US a strong message to the army against an attempt to overthrow the civilian apparatus.
One of the petitioners, Nawaz Sharif, chief of the largest opposition party, Pakistan Muslim League-Nawaz, had asked the court to unmask the individuals who tried to ‘destroy the armed forces’ through the ‘treasonous memo’. Listed as respondents in the petitions, Chief of Army Staff General Ashfaq Parvez Kayani and ISI Director General Ahmed Shuja Pasha had also asked the court to hold a probe into the memo scandal.
Former ambassador to the US Husain Haqqani, meanwhile, challenged the court’s jurisdiction to conduct such an exercise through his counsel, Asma Jehangir.
Specifics of the order
Rejecting Jehangir’s argument, the nine-judge bench directed Attorney General Maulvi Anwarul Haq to secure the most important piece of evidence: confirmation on the authenticity of the messages allegedly exchanged between Haqqani and Pakistani-origin American businessman Mansoor Ijaz on their Blackberry phones.
The court directed the foreign secretary and the High Commission of Pakistan in Canada to assist the attorney general and the commission in getting forensic evidence of the conversation from Blackberry’s parent company, Research In Motion.
The order stated that the commission shall ascertain the origin, authenticity and purpose of the memo delivered to former chairman of the US joints chiefs of staff Admiral Mike Mullen.
Balochistan High Court Chief Justice Qazi Faez Isa, Islamabad High Court Chief Justice Iqbal Hameedur Rehman and Sindh High Court Chief Justice Mushir Alam have been appointed as the members of the commission, while Raja Jawad Abbas Hasan was named secretary of the commission.
The commission is free to avail services of lawyers and experts of forensic science and cyber crimes for completion of the probe in a month, the order stated.
It added that all federal secretaries, the chiefs of Federal Investigation Agency, inspectors general of police of all provinces and Pakistan’s ambassador to the US and high commissioner to the UK shall also assist the commission.
Will the government comply?
Whether the government will comply in terms of logistical and political support, however, remains in question, especially in the backdrop of its refusal to write a letter to the Swiss authorities for reopening cases against President Asif Ali Zardari.
The bench also reiterated its December 1 directions to Haqqani for not leaving the country without permission.
The court also kept ruling party’s Vice President Babar Awan on the hook.
“Office is directed to put a separate note in the Chambers of Chief Justice of Pakistan along with the transcription of the press conference dated December 1, 2011, of Mr Babar Awan along with replies of the Prime Minister for an appropriate order,” the bench stated.
(Read: SC verdict on memogate)
Published in The Express Tribune, December 31st, 2011.
COMMENTS (65)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
@Maulvi Imran Ahmed: {the issue will not be resolved by this enquiry} How do you suppose to find out truth?By Parliamentary Commitee? Just want proof that such treacherous ideas cant possibly enter our ruling elite's mind so that I can sleep easy. Everything else is secondary.
@Arif I guess you also admire the national security geniuses who also defended our nation in 1971, during Kargil and latterly near Abbotabad and Karachi? Are these geniuses and their intellectual greatness perhaps the ever present danger to freedom and civilian rule?
Memogate scandal is a case of "clear and present danger" to the national security, and not a simple "political issue", as the defense lawyer tried to portray. In such situation of national security, and in the absence of a formal National Security Council (which the House already abolished) and the "high" government functionaries themselves are alleged to be involved, who better than the Supreme Court to deal with such grave situations. I am sure, Ms. Asma and PPP would not want the security institutions (like Pak Army) to resolve the issue on their own, (or perhaps they would) !!!
@Khan Saab: Bhutto case? Who killed Pakistan? ZA Bhutto? Who killed AR Kasuri's father? ZA Bhutto was a dictator bent upon imposing his power, lives of the nation or others did not matter to him. Why doubt the Supreme Court!
The commission appointed by the SC should immediately give its verdict " It is not maintainable" and that's is it. For how long civilian governments and its leaderships right from the judicial murder of its first elected PM and all successive governments including the present one suffer??? Interpreting the constitution according to the liking of some must now stop. They are the one who give extra life to all dictators but are always in a swing when ever elected come to power.
@Zeeshan: {all to investigate a plan to allegedly fire a couple of generals} Is that the sum total of your understanding? Have you really not read the contents of MEMO? Ignorance is bliss after all.
@Hasan Mehmood I agree with some of your views but the issue will not be resolved by this enquiry. In any case unanimous verdicts if unsupported by individual judgments leave a bad impression, I hope we will read individual judgments from all the lord justices. No one would enjoy witnessing a comeuppance to the incumbent political dispensation more than I. The military is a subordinate uniformed service and should be tightly confined to its constitutional role. If it plans a sting to bring down a legitimate government then this would be treason.
SC has lost with a woman . Asma has the main switch of the case now . Nothing will come out from the SC investigation . It is merely a waste ot time .The intention of The CJ is known to the world .
The government is suspected of “conspiring” to sack some generals when every civilian government has the right to hire, fire or transfer officers in the bureaucracy and the subordinate uniformed services. On this allegation a senior ambassador is made to resign and he is put on the ECL. The inquiry is taken over by the court even though a higher inquiry is being conducted by a Parliamentary Committee – all to investigate a plan to allegedly fire a couple of generals. When the sovereignty of Pakistan’s soil was violated by US marines near Abbotabad a question regarding incompetence or collusion by national security forces was also raised. The prima facie evidence was compelling. Was any uniformed figure subjected to deprivation of the fundamental legal right to be presumed innocent? Or even suspended pending an impartial enquiry?
The reason a bench with more than one judge is appointed is that more than one person applies his/her mind and conscience to the task. If the judges either follow their leader or vote for a unanimous verdict, justice is subverted. If the judges shy away from writing individually reasoned judgments, that too is suspect. I hope our learned judges continue to uphold the highest traditions of judicial behaviour. The same reasoning applies to multiple MPAs or MNAs in Parliament. If the individual parliamentarian abrogates his conscience to the party leader then the concept of democracy is doomed.
This news is the headlines in many Indian dailies.
Mark, Your comments can be correct if they are directed at an established democratic country. In our country the ruling party starts acting as dictators, telling opposition that they have been rejected by the people (and hence they have no say!). This is what People party has been doing all along. Read history. We have been thru it all along. We need someone to check on these "unruly rulers", otherwise Army steps in. So Supreme court is a better option than Army, where at least people's voices can be heard.
May be you are carried away by the western outlook of the People's party and balck sheeps like Asma Jahangir. Or possibly because PPP serves the purpose of the western world.
Stars and Crowns shine, yet again. Independant Judiciary - Zinda-BAD.
Right decision by SC.
@ MarkH
Do you think our country would be where it is if people had any common sense? Never mind the champs commenting here, go listen to our intellectuals and analysts. It can't all be a conspiracy, a lot of it is just plain stupidity.
I agree on all points but 1. It is not the website applying the spellcheck, it's your computer!
In my opinion the First casualty was "Truth" the Last may also be 'Truth'
Let the corrupt face the tune. Let justice be served. Committing treason against the nation of Pakistan and its people and then trying to hide when the whistle blew so loud validates corruption. Thank God it got stopped in its tracks before it caused much damage. Now its time for Supreme Court and CJ to step up boldly and confidently and make a mark in history for every Pakistani to be proud of its justice system. Excellent verdict by Supreme Court and honorable CJ! Pakistan is proudly watching justice being served!
why CJ wasted time and money? what he said on day one said again today also!!!!!!! HH on ECL and commission- difference that Mr Khosa refused and now three judges
That all nine judges in this case concurred with the verdict smells of a 'diktat' or a whip by CJ. To that extent I agree with Ms Asma. Has CJ of Pakistan become a dictator himself?
We are proud of our Supreme Court. An excellent verdict.
Asma Jahangir and peoples party have a history, not to accept court verdicts against them. In courts PPP never fight on legal grounds but try to make political every case. That is why Bhutto was hanged by using filthy language against judges, threats and insults. All those big lions that are roaring today did not turn up when Bhutto was hanged for protests. In whole Pakistan only 4000-5000 persons protested. At Liaqat Bagh I witnessed only 1500 peoples turned up. Read papers of early days after execution. Same as all those that are insulting courts would likely disappear from the scene when courts will fix one for insulting Supreme Courts.
Asma Jahangir is right. Today's verdict that will live in infamy.
The people not knowing why the government is opposing the investigation should keep their hands away from the keyboard. Here, I'll tell you. 1. It's about them playing their correct role. That's why you have so many different institutions. They all have their place. 2. The longer it's in the media, the dumber the country looks as a whole. You're making yourselves something as a joke obsessing over this. 3. Restrictions are set on people and places that are being investigated. 4. The small technicalities are there for a reason. If the court oversteps them even once and it's accepted, it no longer protects anyone due to a lawyer being able to reference grounds for going around it. That includes an innocent citizen getting accused of those things. 5. You guys cry about negative media about your country all the time. Just ask the BBC. You say it's not proven but there's a verdict being given, it's happening even more in the case of this memo. 6. The way people are going about it is completely throwing everything out of whack. The army, isi and the judiciary is all overstepping for a witch hunt. If they can overstep like that without civilian resistance even just once, especially when it comes to something like this, if you think the way things are run are bad now. Just wait until your wished for PM Imran Khan gets into power and he has absolutely no power left because they can overstep every single time that "change" is not in their interest. 7. It's making every institution apart from the army, isi and the judiciary as being weak and not worthy of any form of respect in regard to their assigned authorities. That will follow over to future elected officials in the damaged institutions, as well. 8. I could keep going but if I really have to, at this point, you're a lost cause and a future headache... Possibly a broken laptop as well. x. I just realized CIA will pass a spell check but not ISI. How funny is that on a Pakistani news site?
Plunder Pakistan Party (PPP) has a history of hurting the nation's interest. PPP's founding chairman helped create BD so that he could get a kursi too. The First Looter of Pakistan Zardari claims to be ZAB's "roohani" successor, so what else to expect from the owner of many a foreign palace and bank account!
another verdict faxed to Islamabad from Rawalpindi!
@anyone: You are wrong! The court has declared the Memogate case to be maintainable. Where do unqualified people (and yes I do mean you!) get off in second guessing determinations of the Supreme Court?
Asma Jehangir tried her level best to turn this into a civil-military conflict but she could not succeed; this matter needs through investigation..
@Afaaq
It's biased because the SC has gone out of it's way to be selective in what it wants to investigate. The person who started this mess made two allegations -- the first being your govt went to the USA for help in preventing a coup -- the second was that your military went to the Arabs for approval of the coup. Going to the USA to prevent a coup is considered treason but for some reason no one wants to investigate the military which were planning the alleged coup. Selective use of facts is something that no court is suppose to condone let alone sponsor.
When the sovereignty of Pakistans soil was violated by US marines near Abbotabad a question regarding incompetence or collusion by national security forces was also raised. The prima facie evidence was compelling. Was any uniformed figure subjected to deprivation of the fundamental legal right to be presumed innocent? Or even suspended pending an impartial enquiry?
@AZMAT KHAN: Humorous
@MAD: Which ideological stance are you taking. God help Pakistan. Are your jiyalas awakening to get this country out of quagmire. Are you happy with what is happening in this country. What a conscious you have. For God sake save this country.
@Afaaq: Well said and completely agree
We are living in the era of judicial dictatorship.
@Imran:
Now that is plain silly. anyone with half a brain would know that nothing concrete links the president here. there is unlikely to be much evidence and haqqani too will probably get away scot free. the government by its own actions is giving people a presumption of guilt. nothing will happen except that in a few months the case will be settled with a lot of negative publicity for the govt and in the end maybe even worse publicity for PMLN. the PPP may somewhat benefit here in that the Jiyalas have awakened from their slumber and are back to their idealogical stance.
And if the purpose here is to discredit the sitting government then it wasnt needed, theyre doing a more than adequate job of discrediting themselves without any intervention as it is.
Gate opened for the overthrow of future civilian governments. It used to be the "doctrine of necessity". From today, it will be "the doctrine of national security".
Thank you Supreme Court, Thank you very much!
Before picking on courts just look around and see state of affairs in the country. Be happy that at last there is a lone voice out there trying to restore some order in this corrupt & broken country. Are those who keep bashing Supreme Court are of the view that it should leave affairs of the country alone and let them go where they are headed by inept and corrupt politicians?
Justice maintained!
Now truth will come out !
How can anyone pass judgement that SC/ CJs are being baised.....opinions are ok...but we hv to give credit to SC for this order as it has not covicted anybody yet.....commission has been formed to look into claims & counter claims of each parties....in which case we need to wait till final verdict...why is the govt trying to put obstacles if this memo issue is just a piece of paper ?? investigation will bring out the truth...is`nt it...??
asma, you failed!!
@ Afaaq.. I Pakistanis had felt INSULT they could have done something LONG AGO.....
How is the SC biased by investigating the ''Memo'' ??? I would recommend everyone to read the contents of the memo before jumping to any conclusions. The PPP govt has done everything in their powers to stop this memo from being investigated, is that not suspicious? Give credit where its due. This matter is not about supporting the PPP, PML or PTI. This memo is an insult to all Pakistanis.
Sir, I say that justice is truth in action. How lovely to think that no one need wait a moment, we can start now, start slowly changing the world! How lovely that everyone, great and small, can make their contribution toward introducing justice straightaway... And you can always, always give something, even if it is only kindness! Blessed are they who maintain justice, who constantly do what is right.
As expected !
what a waste of time. Everyone know that the memo exists. The question is did HH write it or not!! In a court of law where not a single terrorist have been convicted, I would be astounded if enough proof exists that HH wrote this memo. If a verdict is against HH then it would surely be political.
a partial judgement
Justice served!
"Pieces of evidence", never "evidences".
Such neologisms are corrupting English usage in the Subcontinent and journalists are responsible. Please let us always strive to propagate grammatically sound English. Thank you.
Great, CJ has driven the last nail in the Judiciary's coffin. These bunch of geniuses will really find a befitting place in history.
The court has just reminded us the verdict in Bhutto case!
Yesssss.. Its maintainable....
@rehman, actually it is not but court and others want to make headlines, that is true for the whole period since judges were restored
let me guess its maintainable
Supreme court should investigate this matter thouroughly and in case if this conspiracy against the state of Pakistan gets proved then the culprits should be made an example for the generations to come.