Article 184 not restrained by definite limits: Supreme Court tells Haqqani's counsel

Resuming her arguments before a nine-member bench of the Supreme Court (SC) on Wednesday, the counsel for former ambassador to the US Husain Haqqani, Asma Jehangir, insisted that the petitions were not maintainable in Memogate scandal because no tangible effects had been witnessed in the post-memo scenario.
According to her, although there is not a single breach of fundamental rights of anybody in the memo case, her client was barred from leaving the country before he could be afforded an opportunity to present his case. During the course of hearing, Chief Justice Iftikhar Chaudhry observed that only Army Chief Kayani and DG ISI Pasha had substantiated the existence of the memo by declaring that the memo was indeed a reality.
The bench noted that Prime Minister Gilani had not denied the existence of memo. The court also noted that President Asif Ali Zardari's failure to submit a rejoinder did not mean that he had negated its existence. Asma Jehangir contended that the petitioners were required to establish without any iota of doubt that they had not moved the court for personal or political interest. Or, she added, the petitioners were there with a view to camouflaging somebody else's interest by filing petitions to seek relief under the public interest litigation only.
Justice Saqib Nisar said, "Article 184 of the Constitution of Pakistan has an open-ended jurisdiction". In her response, Asma Jehangir produced various citations before the bench arguing that the SC could not pass an order under Article 184, which could not be implemented. If it is presumed that the inquiry in the case in hand declares Haqqani guilty then the case would be sent to a trial magistrate for hearing, according to her.
Jehangir further pleaded that due process of the law demanded that any criminal case must be filed before a judicial magistrate rather than the apex court. According to her, due process of law has not been observed in her client's case.
She was of the view that as per due process of law, an applicant or defendant must approach the lower court in first place with a view to saving or protecting his right to appeal for remedy from the higher judiciary. The Chief Justice remarked that investigations into Memogate scandal would be more transparent under the judiciary, adding that the SC was equally responsible to save and protect every individual's right without any discrimination under the Constitution of Pakistan.
Jehangir further contended that if President was responsible for the memo then a case regarding his impeachment must first come to the fore. She added: 'If Haqqani is involved in its writing, then it is a criminal case against him." The CJP still insisted that investigations under the existing bench's supervision would be more transparent.
On the occasion, Jehangir prayed that in case the trial was to take place in SC then Mansoor Aijaz should be summoned in the court. According to her, Haqqani performed his diplomatic responsibilities under extremely difficult conditions as he had to contact a host of people in the wake of May 2nd incident. She categorically stated that the bench was looking at the matter solely from a legal perspective. However, she added, her client was subjected to a trial by media. The court adjourned the hearing till December 28 (today).