ISLAMABAD: A nine-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry on Friday declared petitions in Memo Case maintainable after hearing arguments from both the sides in length.
The bench also announced a three-member Commission headed by Chief Justice Balochistan High Court, Justice Qazi Faiz Isa and comprising Chief Justice Sindh High Court Justice Mushir Alam and Chief Justice Islamabad High Court Justice Iqbal Hameedur Rehman. District and Sessions Judge Islamabad Jawad Abbas has been announced as Secretary of the Commission.
The Commission has been directed to complete its investigation within a period of four weeks.
In its short order passed by the bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Jawwad S. Khawaja, Justice Tariq Pervez, Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry and Justice Muhammad Athar Saeed decided that petitions were maintainable.
The bench held that in these petitions, petitioners have succeeded in establishing that the issues involved were justifiable and question of public importance with regard to enforcement of fundamental rights, prima facie, under Articles 9, 14 and 19A of the Constitution has been made out. Thus, the petitions under Article 184(3) of the Constitution were declared maintainable.
According to the order, the Commission shall hold its meetings in the building of Islamabad High Court. The Commission shall be exercising all the powers of Judicial Officers for the purpose of carrying out the object mentioned hereina bove and it shall be free to avail itself services of advocates, experts of forensic science and cyber crimes. All the Federal Secretaries, including Interior Secretary, Secretary Cabinet, Secretary Foreign Affairs; Chief Secretaries of all the provinces; Director General Federal Investigation Agency (FIA), Inspector Generals of Police of all the provinces and Ambassadors of Pakistan to USA and UK, shall provide necessary assistance to the Commission.
The government of Pakistan through Secretary Cabinet Division shall provide logistic support to the Commission, subject to its demands through the Secretary of the Commission.
The Commission shall be authorized to collect evidence within and outside Pakistan according to prevailing laws on the subject.
The Commission shall provide full opportunity of hearing to all the parties.
“It is to be noted that the reply submitted before the Court by Mansoor Ijaz, inter alia, comprises of certain documents including exchange of e-mails and other communications using the BlackBerry Messaging service commonly known as BBM between them i.e. Mansoor Ijaz and Hussain Haqqani were in constant touch either through BBM, e-mails or voice calling w.e.f. 9th to 12th May, 2011,” the order said.
link: http://www.pstimes.com/2011/12/31/chief-justice-forms-three-member-commission-sc-declares-memo-petitions-maintainable/
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Saturday, December 31, 2011
Chief Justice forms three-member commission.
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Sarah Peracha is the Pakistan's First Law Blogger. She is an Internet Entrepreneur, Blogger, Podcaster and Mobile Journalist.
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