The Supreme Court on Monday summoned federal Interior Secretary to appear before the court today (Tuesday) to address former Ambassador to the US Hussain Haqqani's security concerns. A nine-member larger bench led by Chief Justice Iftikhar Chaudhry resumed the hearing of Memogate and directed the government to ensure foolproof security to Haqqani during his stay in the country.
Attorney General for Pakistan (AGP) Irfan Qadir submitted that he personally could not make such a commitment but would consult with relevant government authorities. To which, the bench summoned federal interior secretary who was not available though Masood Mirza Additional Secretary Interior Minister did appear before the court. In June 2012, the apex court had formed a commission headed by Chief Justice Balochistan High Court to give its findings over the matter. The commissioner held that Haqqani was the architect of the controversial Memo. Haqqani filed a review petition in the Supreme Court over the commission's findings. At the onset of hearing, Asma Jahangir, the counsel for Haqqani, contended that the court had not so far heard Haqqani's review petition or his plea for exemption from appearance before the court in the Memgate case.
The Chief Justice observed that the matter of Haqqani's appearance before the bench would be decided. According to him, Haqqani was not granted exemption from appearing in the court in the instant matter but was allowed to proceed abroad after his promise that he would be available on four days notice. Jahangir pleaded that Haqqani appeared before the commission to record his statement through video conference in London but he was not facilitated by the commission, hence the scenario of his availability had changed.
She further argued that allowing Haqqani to proceed abroad was not a concession of the court. She said, "Haqqani's right was usurped as he was confined before going abroad".
According to her, free movement is the right of every citizen, but Haqqani's fundamental rights were usurped when the condition of permission to go abroad was imposed on him by the court. She argued that politicians Sheikh Rasheed and Imran Khan had publicly declared Haqqani a traitor, adding that there was a serious threat to Haqqani's life during his presence in Pakistan.
Justice Tassaduq Hussain Jillani said the commission had given its opinion, which had not yet been approved by the court. The Chief Justice observed that petitioners were directed to file replies and objections within five days but no one had submitted replies so far. Jahangir responded by saying that a copy of Haqqani's letter was shown to Barrister Zafarullah for information after the hearing.
Justice Saqib Nisar contended that a letter was a privileged conversation between a lawyer and his or her client. According to him, there is no legal status of such conversation. The counsel for Haqqani informed the bench that in pursuance of the court orders pertaining to reasons of Haqqani's non-appearance before the court she repeatedly filed replies but the concerned office of the court raised objections. Later, the bench adjourned the hearing of case till Tuesday (today).