ISLAMABAD, Feb 10: The memo commission set up by the Supreme Court on Friday decided to record the testimony of the central character in the controversy, Pakistani-American Mansoor Ijaz, through video link from Pakistani High Commission in London on February 22-24.
The three-member commission, headed by Balochistan High Court Chief Justice Qazi Faez Isa and comprising Sindh High Court Chief Justice Musheer Alam and Islamabad High Court Chief Justice Iqbal Hameedur Rehman, said that under article 164 of the Qanoon-e-Shahdat (evidence act) they had no other option but to record the statement of Mr Ijaz and cross examine him via video link.
“It is regretted that despite attending all of his concerns, Mansoor Ijaz remained absent from the proceedings without valid excuse,” said the commission.
It directed the ministry of foreign affairs to arrange videoconferencing facility at the London High Commission for February 22-24 when Mr Ijaz would be there for cross examination and recording the statement adding that the government should also ensure the installation of necessary equipment at the Islamabad High Court (IHC) as well.
The foreign office was also directed to facilitate processing of visa application of secretary commission Raja Jawad Abbas Hassan and the lawyers who intend to go to London.
The secretary commission would remain in the London High Commission during the cross examination and recording of the statement and would also collect the BlackBerry Handsets and other electronic data of Mr Ijaz.
The commission also ordered Akram Sheikh, counsel of Mr Ijaz, to provide the commission and to the lawyers the details of evidence, list of documents or other related papers before recording the testimony of his client.
According to the commission, the decision of videoconferencing would create a “win-win situation” for all the stakeholders.
Advocate Zahid Husaain Bukhari, the counsel of Haqqani, requested the commission not to give Mansoor Ijaz the right to record the testimony. His plea was, however, dismissed.
The commission dismissed Mansoor Ijaz’s plea too in which he sought to testify in front of a local commissioner.
The commission said by recording the statement of Mr Ijaz through video link, aspects of cost, security and dignity of the commission would not be compromised but in fact it would enable the commission to get the desired results.
But the Haqqani’s counsel advocate Zahid Husaain Bukhari seemed unhappy with the decision.
During course of hearing, the attorney general Maulvi Anwarul Haq did not oppose the videoconferencing but stressed the need of fulfilling all the legal requirements.
He said that he has written letter to the Canada-based Research in Motion (RIM), the service provider of BlackBerry, and sought details of communication between Mr. Ijaz and Mr. Haqqani. He said that receipts and text of the letter would be provided to the commission on next date of hearing.
Another petitioner Barrister Zafarullah Khan, however, said that Mr Ijaz is still partner of Mr Haqqani and claimed that both would not appear before the commission on next date of hearing.
He requested the commission to summon Inter Services Intelligence (ISI) director general Ahmed Shuja Pasha as secondary evidence to dispose of the matter.































