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ISLAMABAD: Former ambassador Husain Haqqani filed in the Supreme Court on Monday a review petition against its Dec 30 short order under which a judicial commission was formed to investigate the 'memogate' scandal.
An application filed along with the review petition by firebrand lawyer Asma Jehangir also requested the court to stay the proceedings of the three-judge commission.
'The applicant (Mr Haqgani) will suffer irreparable harm if the commission reaches a conclusion during the pendency of the review petition,' it said.
The commission is currently investigating the secret memorandum which, according to observers, has the potential of igniting a confrontation between the government and the armed forces.
The review petition said the apex court had no authority to order the judge of a high court to form a commission and carry out investigation because the latter was an independent institution.
Mr Haqqani argued that high courts were not subordinate to the Supreme Court and, therefore, the apex court had made an error by applying the principles of Civil Procedure Code (CPC) to a probe that on face of it was of a criminal nature.
Thus the Dec 30 order denied the applicant his fundamental rights under Article 13 and 10A of the Constitution which ensured protection against double punishment and a right to fair trial respectively.
The review petition said: 'Article 2A of the Constitution that annexes the objectives resolution with the Constitution can also not override the fundamental rights given in Chapter I Part II of the Constitution. Any fundamental rights given in chapter I part II of the Constitution can be invoked under Article 184(3) of the Constitution.
'The fundamental rights of the applicant under Article 9 (security of person) and 15 (freedom of movement) have been denied when he has not been formally accused so far of any offence of whatsoever nature.
'The court has misread the facts that the Oct 10, 2011, article in the Financial Times carried the controversial memorandum with it. The contents of the memorandum are still unknown to this point of time.
'While interpreting the fundamental rights the Supreme Court assumed its infraction, but the enforcement order does not redress any such infringement.
