IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
 
PRESENT: 
 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE MIAN SHAKIRULLAH JAN 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE JAWWAD S. KHAWAJA 
MR. JUSTICE ANWAR ZAHEER JAMALI 
MR. JUSTICE KHILJI ARIF HUSSAIN 
MR. JUSTICE TARIQ PARVEZ 
MR. JUSTICE MIAN SAQIB NISAR 
MR. JUSTICE AMIR HANI MUSLIM 
 
CMA NO. 290 OF 2012 &  
CONSTITUTION PETITIONS NO. 77 TO 85, 89 & 92 OF 2011 
& CMA NO. 5505/2011 IN CONST. P. 79 OF 2011 
 
[Constitution Petition under Article 184(3) of 
the 
Constitution 
regarding 
alleged 
Memorandum to Admiral Mike Mullen by      
Mr. Hussain Haqqani, former Ambassador of 
Pakistan to the United States of America]  
…  
Watan Party  
 
 
 
 
 
… 
PETITIONER  
 
 
 
 
 
 
 
 
 
[CP 77/2011] 
 
M. Tariq Asad Advocate Supreme Court 
 
… 
PETITIONER  
 
 
 
 
 
 
 
 
 
[CP 78/2011] 
 
Muhammad Nawaz Sharif  
 
 
 
… 
PETITIONER  
 
 
 
 
 
 
 
 
 
[CP 79/2011] 
 
Senator Muhammad Ishaq Dar & another  
… 
PETITIONERS  
 
 
 
 
 
 
 
 
 
[CP 80/2011] 
 
Iqbal Zafar Jhagra & another   
 
 
… 
PETITIONERS  
 
 
 
 
 
 
 
 
 
[CP 81/2011] 
 
Lt. General ® Abdul Qadir Baloch & 2 others 
… 
PETITIONERS  
 
 
 
 
 
 
 
 
 
[CP 82/2011] 
 
Raja Muhammad Farooq Haider Khan & another… 
PETITIONERS  
 
 
 
 
 
 
 
 
 
[CP 83/2011] 
 
Syed Ghous Ali Shah & 2 others 
 
 
… 
PETITIONERS  
 
 
 
 
 
 
 
 
 
[CP 84/2011]  
 
 
Hafeez Ur Rahman 
 
 
 
 
… 
PETITIONER  
 
 
 
 
 
 
 
 
 
[CP 85/2011]  
CONST P 77-2011/2010, etc.  
2 
 
Shafqatullah Sohail 
 
 
 
 
… 
PETITIONER  
 
 
 
 
 
 
 
 
 
[CP 89/2011]  
 
Shahid Orakzai 
 
 
 
 
 
… 
PETITIONER  
 
 
 
 
 
 
 
 
 
[CP 92/2011]  
 
VERSUS 
 
Federation of Pakistan & others  
 
 
…  
RESPONDENTS 
 
 
For the petitioners:  
 
Barrister Zafarullah Khan, ASC in person  
Mr. Tariq Asad, ASC in person  
Senator Muhammad Ishaq Dar &  
Khawaja Muhammad Asif, MNA in person 
Mr. Attique Shah, ASC  
Dr. M. Salahuddin Mengal, ASC  
Sardar Asmatullah Khan, ASC  
Mr. Naseer Ahmad Bhutta, ASC  
 
 
 
 
 
Mr. M.S. Khattak, AOR 
 
 
 
 
 
Mr. Shahid Orakzai in person  
 
 
For the President of Pakistan:  
Nemo.  
 
For the Prime Minister of Pakistan: Nemo.  
 
For Chief of Army Staff,  
 
Maulvi Anwar-ul-Haq 
DG, ISI & M/O of Cabinet,   
 
Attorney General for Pakistan  
Defence, Foreign Affairs,  
 
  
Interior & Law:    
 
 
For Mr. Hussain Haqqani:  
 
Ms. Asma Jahangir, ASC  
 
 
 
 
 
 
Ch. Akhtar Ali, AOR  
 
For Mr. Mansoor Ijaz:   
 
Mr. Muhammad Akram Sheikh, Sr. ASC   
 
Date of hearing:  
 
 
30.01.2012  
…  
 
O R D E R 
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. –  
CMA NO. 290 OF 2012 
 
 
The Commission constituted to probe into the origin, 
authenticity and purpose of the alleged Memo dated 11.05.2011 has 
submitted a request through its Secretary for the enlargement of the 
time. We have heard the learned Attorney General for Pakistan, who 
CONST P 77-2011/2010, etc.  
3 
has briefed us about the proceedings so far undertaken by the 
Commission. From the facts so narrated by him, it seems that the 
Commission has not completed its proceedings to procure evidence, 
and as it has been pointed out that Mr. Mansoor Ijaz has not appeared 
before the Commission, therefore, some time is likely to be consumed 
to complete this exercise. The learned Attorney General for Pakistan 
and the learned counsel appearing for Mr. Hussain Haqqani have no 
objection. However, Barrister Zafarullah Khan, ASC has stated that in 
absence of the statement of Mr. Mansoor Ijaz, the statement of DG, 
ISI who has already given his affidavit, be recorded. We do not want 
to interfere in the proceedings, which are being undertaken by the 
Commission. However, in the interest of justice, we extend the time 
for completion of the proceedings for a period of two months 
commencing from the passing of this order.   
CMA NO. 331 OF 2012  
2.  
 
The learned counsel for Mr. Hussain Haqqani has 
submitted an application, inter alia, stating therein that he has fully 
cooperated with the Commission and will continue to do so and also 
undertakes to return to Pakistan any time on four days’ notice to join 
the proceedings, if and when required to do so by the Commission, 
therefore, the condition placed upon him of not leaving the country be 
withdrawn and he be allowed to join his family abroad. The learned 
Attorney General for Pakistan has no objection if permission as prayed 
for is accorded and Mr. Hussain Haqqani is allowed to leave the 
country in view of the undertaking given in the application to return 
back on four days’ notice whenever his attendance is required by the 
Commission. It is to be noted that in the earlier orders dated 
01.12.2011 & 30.12.2011, he was asked not to leave the country 
CONST P 77-2011/2010, etc.  
4 
without prior permission of this Court and now such permission is 
being sought and for the reasons disclosed hereinabove, he is allowed 
to leave the country. However, he will provide his full particulars to the 
Registrar of this Court and be also bound to return back on four days’ 
notice if his attendance is required by the Commission or by this Court.  
CMA NO. 329 OF 2012  
3.  
 
Mr. Muhammad Akram Sheikh, Sr. ASC has submitted an 
application for recording of evidence outside the country. He may 
place this request before the Commission for passing of appropriate 
order.  
4.  
 
Mr. Mansoor Ijaz has addressed a letter to the Chief 
Justice of Pakistan under the caption “secret letter” wherein he has 
disclosed certain information, but we are not aware of its authenticity. 
It is a cardinal principle of law that whenever a person claims 
confidentiality or requests the Court to treat any document as 
confidential or classified, the Court may go through it, but its status to 
be treated as confidential or classified document has to be decided 
according to law. However, as he has engaged a counsel, we would 
have appreciated if he had sent such a document to the Court through 
his counsel. Be that as it may, at this stage, we would not be 
considering this document for any purpose, but the same would be 
kept in a sealed cover under lock by the Registrar of this Court. 
Registrar present in Court is directed accordingly.  
CONST. PETITION NO. 92 OF 2011  
5.  
 
Mr. Shahid Orakzai, petitioner has appeared in person and 
stated that he has raised a different question in his petition, which are 
not taken up in the petitions already entertained. Issue notice to the 
CONST P 77-2011/2010, etc.  
5 
respondents to file comments before the next date of hearing. To be 
fixed along with other petitions.   
 
 
 
IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
 
 
 
MIAN SHAKIRULLAH JAN, J.   
TASSADUQ HUSSAIN JILLANI, J.  
 
 
 
JAWWAD S. KHAWAJA, J.  
 
ANWAR ZAHEER JAMALI, J.  
 
 
 
KHILJI ARIF HUSSAIN, J.  
 
TARIQ PARVEZ, J.  
 
 
 
 
 
MIAN SAQIB NISAR, J.   
 
AMIR HANI MUSLIM, J.  
 
 
 
Islamabad, the 
30th January, 2012