The judicial commission investigating the Memogate scandal on Tuesday again adjourned its hearing till February 9 as the main character in the case Mansoor Ijaz failed to appear before it to record his statement. The commission also decided to move the Supreme Court of Pakistan (SC) to seek some additional time to investigate the case, which will expire in four weeks.
The counsel for Mansoor Ijaz, Akram Sheikh, argued that he had tried to convince his client to appear before the court, but Ijaz declined his request as he felt serious threat to his life in Pakistan. "There is trust deficit between Mansoor Ijaz and Minister for Interior Rehman Malik on the security of the former," Sheikh maintained.
Sheikh pleaded that Ijaz was willing to come to Pakistan provided he was provided with security. According to the counsel, various statements issued by Minister for Interior Rehman Malik in the absence of any rebuttal by the government thereafter gave birth to some legitimate fears about his client's safety. It had been reported that the Interior Minister warned Ijaz that his name could be put on ECL upon latter's arrival in Pakistan.
The commission directed the Minister for Interior to appear before it and explain his position in this respect. However, the commission was satisfied following the receipt of an undertaking by Rehman Malik that Ijaz would not be put on ECL and that box security would be provided to him during his stay in Pakistan. He also produced a copy of a notification which directed the ICT Police, FC, Pak Rangers and military personnel to provide security to Ijaz as desired.
Rehman further informed the commission that he had been misquoted in the media regarding his statement and produced a transcript and a video of his statement before the court. The commission observed that both Rehman Malik and Attorney General for Pakistan (AGP) Maulvi Anwarul Haq gave undertakings to commission and the court did not think that there remained any apprehension in relation to security of Ijaz.
Akram Sheikh further said the officials of Ministry of Interior might snatch from his client mobile phone and other electronic gadgets - a proof of claim of his client - at the airport soon after his arrival in Pakistan. The commission directed fresh instruction to Federal Government and Ministry of Interior to provide the secretary judicial commission access to an inside of airplane to collect evidence from Ijaz.
Ijaz's counsel kept insisting that his client had no trust in the undertakings furnished by the ministry of Interior and the federal government. According to Sheikh, his client thought, "Rehman is going to assassinate him if he comes to Pakistan". The commission rejected his apprehensions after it obtained written pledges from the government. Balochistan High Court Chief Justice Qazi Faez Eesa, who is the head of the commission remarked that the commission could respond to "real apprehensions" but it had no place for "fantasy apprehensions."
The commission disposed of application of Ijaz's counsel requesting the commission to travel abroad to record his client's statement. In its directives, the Chairman Commission said that all the apprehensions expressed by the counsel were addressed and there was no reason to proceed abroad to record his client's statement. He also declined the request of a video-conferencing. The Chairman said cross-examination of Ijaz through video-conferencing would not be a suitable option.
The commission deferred the application filed by the counsel for former ambassador to US, Husain Haqqani. The defendant's counsel requested the commission to withdraw Ijaz's right to record his statement as he had failed to respond to repeated summons from the panel. As both the federal government and the Ministry of Interior had submitted undertakings to commission to provide him security, there was therefore no ground to avoid arrival on Tuesday and adjourn proceedings of the case.
As many as 27 petitions have been filed in the Memogate case. Out of total petitioners, one petitioner pleaded to the commission not to give yet another opportunity to Ijaz to appear as witness while the remaining petitioners supported Sheikh's plea seeking commission's proceedings abroad to record Ijaz's statement.
However, Rana Shamim Advocate requested the commission to seek an extension in the investigation period of commission. The commission refrained the federal government, Interior Minister and counsel for both the parties from issuing any statement to media on the Memo issue.