| Citation(s) |
|---|
| 2012 SLG 1470 2012 SLD 1470 2012 SCMR 584 2011 PTR 34 |
Supreme Court of Pakistan
Constitution Petitions Nos.77 to 85, 89 of 2011 and C.M.A. No.5505 of 2011 in Constitution Petition No. 79 of 2011, decision dated: 1st December, 2011
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. MAIN SHAKIRULLAH, JAN, TASSADUQ HUSSAIN, JILLANI, JAWWAD S. KHAWAJA, TARIQ PARVEZ, MIAN SAQIB NISAR, AMIR HANI MUSLIM, EJAZ AFZAL KHAN AND IJAZ AHMED CHAUDHRY, JJ
Ms. Asma Jahangir, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record assisted by Idrees Ashraf and Asad Jamal for Hussain Haqqani. Nemo for Mansoor Ijaz.
Constitution Petitions Nos.77 to 85, 89 of 2011 and C.M.A. No.5505 of 2011 in Constitution Petition No. 79 of 2011, decision dated: 1st December, 2011
IFTIKHAR MUHAMMAD CHAUDHRY, C.J. MAIN SHAKIRULLAH, JAN, TASSADUQ HUSSAIN, JILLANI, JAWWAD S. KHAWAJA, TARIQ PARVEZ, MIAN SAQIB NISAR, AMIR HANI MUSLIM, EJAZ AFZAL KHAN AND IJAZ AHMED CHAUDHRY, JJ
Ms. Asma Jahangir, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record assisted by Idrees Ashraf and Asad Jamal for Hussain Haqqani. Nemo for Mansoor Ijaz.
WATAN PARTY and others
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan-------Art. 5---Loyalty to State and obedience to Constitution---Basic duty of every citizen is to be loyal to the State and to be obedient to the Constitution and law, being inviolable obligation wherever he may be and of every other person for the time being within Pakistan. (b) Constitution of Pakistan--- ----Arts. 184(3) & 6---Constitutional petition under Art.184(3) of the Constitution by petitioners belonging to political parties and others hailing from all federating units of Pakistan including Azad Jammu & Kashmir and Gilgit-Baltistan, in the wake of confidential memorandum, which was handed over by an American businessman of Pakistani origin to the then Chairman, Joint Chiefs of Staff of the United States through former National Security Advisor of the United States---Said American businessman claimed that memorandum containing message from the Pakistan Government was handed over to him by the then Pakistan Ambassador in the United States; according to him both the then Chairman, Joint Chiefs of Staff of the United States and former National Security Advisor confirmed the contents of the memorandum---Such disclosure by the said American businessman caused unrest amongst the political government and the defence agencies as according to the contents of the memorandum, which was published in the foreign as well as local media, prima facie, there was highly objectionable material relating to compromising the sovereignty and independence of Pakistan---Exchange of S.M.S. messages and Blackberry messages between the said American businessman and the Pakistan Ambassador had also been admitted---Matter was open for investigation and Supreme Court was to examine as to who had initiated these messages---Petitioners, in circumstances, contended that if the allegations were established, then the culprits whosoever were involved, should be held liable for action and Commission be constituted to probe into the memorandum scandal---Attorney General, stated that he was not against the probe, but as the matter was pending before the Parliamentary Committee on National Security, therefore, the result of the committee's proceedings be…
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