Says decision to probe Haqqani in the presidency was constitutional.
Pakistan Muslim League - Nawaz (PML-N) government has defended the outgoing president Asif Ali Zardari’s decision to probe the former Pakistan ambassador to US Husain Haqqani in the presidency in connection with the ‘memogate scandal’.
The former president had, on November 12, 2011, convened a high-level meeting at Aiwan-e-Sadr where Haqqani was questioned in connection with his alleged memo written to the US government to seek its help to rein in Pakistan Army.
The legitimacy of the meeting, which was attended by former prime minister Yousaf Raza Gilani, Army Chief General Ashfaq Parvez Kayani and Inter Service Intelligence (ISI) former Director General Lt Gen Shuja Pasha had been challenged by Shahid Orakzai.
The petitioner had raised several questions such as whether the president of Pakistan can join or direct an inquiry about any person in the service of Pakistan and whether the prime minister can ask or invite the president to attend in person any matter of internal or foreign policy.
The government, in its reply on Tuesday, stated that the meeting in question was not unconstitutional.
“No fundamental right of the petitioner has been infringed by this act of military officers and the attendance of then president,” the reply said.
Answering to the objection on the venue of meeting, the government argued that the president of Pakistan as the head of state represents the unit of state in term of article 41(1) of the Constitution.
“Therefore, in view of such dignity attached to the office of President of Pakistan, the meeting of the court of inquiry might have rightly been held at the President’s Secretariat.”
The government further argued that to probe the alleged misconduct of a contract employee of Ministry of Foreign Affairs (Husain Haqani) by two military officers was the concern of the Ministry of Foreign Affairs, the Ministry of Defence and Establishment Division.
“These divisions have not been impleaded by the petitioner and the answering respondent (the Law Division) is not concerned with the subject matter,” the reply further read.
Responding to a separate application of Shahid Orakzai, who prayed that outgoing president’s name be put on exit control list (ECL), the government said the apprehension of the petitioner were ‘misconceived’.
Published in The Express Tribune, September 11th, 2013.
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