Original Articles

Supreme Court accepts Nawaz Sharif’s petition on memo under Article 184(3)

According to news reports, the Supreme court of Pakistan has accepted former Prime Minister Nawaz Sharif’s petition  on the “memogate”. Mr. Sharif had pleaded that the court should itself constitute a committee on the recent Husain Haqqani-Mansoor Ijaz memo issue and investigate it under the Article 184(3) of the Constitution, as according to him the said memo has violated fundamental rights. Mr. Sharif also requested the court to unearth the dreadful conspiracy, which maligned Armed Forces of Pakistan to trade away the sovereignty of the country.

Really, Mr. Sharif, you are doing this to a democratic government in full sight of what Pakistan’s almighty military did to yourself and before you, to Benazir Bhutto and Zulfikar Ali Bhutto? Departing from your usual criticism of the military establishment, you are now posing to be a guardian of their honour? Sad!

Article : 184 Original jurisdiction of Supreme Court

184. Original jurisdiction of Supreme Court.-(1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.

Explanation.-In this clause, “Governments” means the Federal Government and the Provincial Governments.

(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.

(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.

Daily Times 

SC accepts PML-N pleas on memo for hearing

Staff Report

ISLAMABAD: The Supreme Court (SC) registrar office cleared Pakistan Muslim League-Nawaz (PML-N) chief Mian Nawaz Sharif’s petitions on memo controversy for hearing after scrutiny on Monday.

Sharif has requested the SC to summon all the respondents in person including President Asif Ali Zardari, Chief of Army Staff (COAS) General Ashfaq Pervez Kiyani and Inter Services Intelligence Director General Lt-General Ahmad Shuja Pasha, federation though secretary interior, secretary foreign affairs, former ambassador to US Hussain Haqqani and Mansur Ijaz, for explaining the detestable, despicable and the treacherous memorandum.

The analysts say it’s for the first time that a petition containing names of President and COAS respondents has been cleared by the SC Registrar office.

Besides Sharif, six other PML-N leaders including Tariq Asad advocate, Khawaja Asif and Senator Ishaq Dar, Syed Ghous Ali, Mehtab Abbasi, Major-General (r) Abdul Qadir and Hafeezullah have also filed petitions on the matter.
Asad’s petition has been allotted No 78/2011, Sharif’s 79/2011 and Khawaja Asif and Senator Ishaq Dar’s 80/2011.

Sharif has filed the petition under article 184(3) of the constitution, seeking an inquiry into the memogate scandal. The PML-N chief has prayed that the culprits, who showed disloyalty to the state and people of Pakistan, must be brought to book. He has also requested the court to unearth the dreadful conspiracy, which maligned Armed Forces of Pakistan to trade away the sovereignty of the country and to barter away the existence and future of Pakistan.

 

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Humza Ikram

3 Comments

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  • Iftikhar Chaudhry has received green signal from General Kayani to press the democratic government from all sides.

    With Mr. Jeem of media already in action, the Teen Jeem are so clearly in unison.

  • Mian Sb made a stupid move but real issue is acceptance of the petition . Judges have accepted the petition on condition of violating fundamental rights under article 184(3). I’m yet to find out logic of accepting this petition . What’s the logic and reasoning of accepting such petition ?

  • I’m not sure why this court is called “independent judiciary”. As always, the court is dominated by Punjabi judges. As always, the court is anti-PPP. The supreme courts of 1990s were giving similar judgments against the PPP government, with a strong pro-Nawaz stance. Only one judge dared to challenge PML-N (not from Punjab), and he was then assaulted and humiliated. The only difference this time is that now the bias is stronger and much more obvious.