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The Supreme Court was moved on Monday seeking formation of a high level commission to probe direct US military action inside Pakistan, fixing responsibility for violation of territorial sovereignty of Pakistan in hunt and ultimate killing al Qaeda chief Osama bin Laden.
The petition was filed by Tariq Asad (advocate) under Article 184(3) of constitution making the government through the secretaries of interior, defence and foreign affairs, minister of interior, director Inter Services Intelligence (ISI), military secretary to Chief of Army Staff (COAS) and Hussain Haqqani, Pakistan ambassador to US as respondents.
The petitioner prayed the court to direct the respondents to submit complete list of visas issued to Americans with their nature, mode and place of issuance and whether they had been issued in accordance with law, rules and formal practice. The court was prayed to direct the respondents to place full record of land allotted to US embassy and addresses of residences and offices of Americans other than the diplomatic area.
The petitioner requested the court to direct respondents to cancel the visas of Americans which had been issued without clearance as per provisions of law and rules and restrict the number of visas of Americans in accordance with normal practice and those which exceed the required number be asked to leave Pakistan after performing legal formalities.
The petitioner sought direction to the respondents to eject the Americans from the Tarbela Ghazi Base and other Centres where they are carrying on the spying activities in the territories of Pakistan. The petitioner stated that the US operation in Abbottabad had violated the fundamental rights of Pakistan's citizens and if the interim relief was not granted the petitioner and the public might suffer an irreparable loss.
He further said that the matter is not political but one of public importance in which violations of several fundamental rights of the citizens have been violated and the sovereignty of the state is in grave danger.
The petitioner has posed a question whether the US operation by US SEALs was not in derogation of law of the land and provisions of international law. Whether forces of any foreign country are entitled under any law to conduct raid or army operation and open fire on any person within the territory of Pakistan and kill the citizens or any person without due process of law, the petition said.
"Whether issuance of visas to the foreigners without undergoing formal procedure and clearance by Inter Services Intelligence (ISI) is not against law and prejudicial to the security of Pakistan", the petitioner said.
He further said that whether the Pakistan government has entered into any agreement or treaty with US to kill anybody they like without due process of law, adding that if such an agreement or treaty, has been executed with US, whether it would be a valid agreement under law of the land in case the consideration is illegal being against law of the land.
The petitioner has also asked whether a foreign country like US may press Pakistan to issue show cause notice to the ISI, an intelligence Agency functioning for the security of Pakistan under the command of the Army.
The petitioner also sought court directives to terminate the services of Hussain Haqqani and call him back immediately as he is doing all the acts and deeds prejudicial to the interests of Pakistan. He pleaded the court to direct respondents to restrict the movements of Americans and all diplomats within the diplomatic areas and restrain the respondents from handing over the wives, children and colleagues of Osama bin Laden and investigate and try them in the Pakistani courts of law, if need be.

Copyright Business Recorder, 2011

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