A nine-judge bench headed by Chief Justice Iftikhar Mohammad Chaudhry granted the request and also issued notice to Attorney General Maulvi Anwarul Haq on a miscellaneous application filed by one Shahid Orakzai.
Mr Orakzai has challenged the formation of the judicial commission to investigate the memo scandal.
In his review petition, Mr Haqqani has argued that the Supreme Court had no authority to order any high court judge to form a commission and carry out investigations because the latter is an independent institution.
He argued that the high courts were not subordinate to the SC and, therefore, the apex court had made an error by applying the principles of Civil Procedure Code to a probe that on face of it was of a criminal nature.
Thus the Dec 30 order had denied the applicant his fundamental rights under Articles 13 and 10A of the Constitution that ensured protection against double punishment and a right to fair trial, he said.
Haqqani’s review plea hearing put off. Reviewed by Sarah Peracha on 10:47:00 PM Rating: