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The Pakistan government has asked the Supreme Court to dismiss petitions seeking an investigation into the memogate scandal, saying it has already taken appropriate steps to have the issue probed by a Parliamentary committee.
In a response submitted to the apex court, the government challenged the court's jurisdiction to hear the case under a constitutional provision. The government's three-page reply, submitted to the court by the attorney general on Thursday, said Pakistan President Asif Ali Zardari and Prime Minister Yousuf Gilani have no link to the secret memo that was sent to the United States military seeking its help to prevent a possible coup following Al Qaeda chief Osama bin Laden's killing in Abbottabad in May. The response said Zardari and Gilani had "neither conceptualised nor initiated" or had "anything to do" with the memo. It pointed out all political parties in Parliament are represented in the parliamentary committee on national security, which has been asked by the prime minister to conduct an inquiry into the matter.
Parliament has "supremacy under the Constitution as a representative body of the people," it added. The government said the Parliamentary panel had the right to record evidence and has all the powers of a civil court. It opposed the apex court's observation that the criminal aspect of the matter could only be taken up by court.
Several key ministries, in their responses submitted to the court, also challenged the Supreme Court's jurisdiction to hear the case, saying the government is the custodian of national sovereignty. The government's response referred to a media report that said Inter-Services Intelligence chief Lt Gen Ahmed Shuja Pasha had travelled the Arab world and other countries after the US raid that killed bin Laden on May 2 and sought and received permission from senior Arab leaders to remove President Zardari.
In their responses submitted to the Supreme Court on Thursday, Pakistan army chief Gen Ashfaq Parvez Kayani and the ISI chief said there was sufficient evidence that the memo exists and sought a thorough probe into the matter as it had implications for Pakistan's national security.
The responses were filed after the apex court admitted nine petitions, including one from main opposition PML-N chief Nawaz Sharif, seeking a probe into the memo. The court is set to hear the case on December 19.
However, Zardari is the only one of the 10 respondents who has not submitted his response within the deadline set by the court. He is currently recuperating in his residence in Dubai after being discharged from a hospital where he was treated for a heart condition. There is no clarity on whether Zardari will submit a response to the apex court later.
Some of his aides have suggested that he does not need to file a reply as he enjoys immunity by virtue of being president.
The News daily reported that a legal team of the government had decided to furnish Zardari's reply after examining the statements of the army and ISI chiefs. Gilani on Thursday held a meeting with Attorney General Anwar-ul-Haq and other close advisers.
Haq shared details of the replies sent by the army and ISI chiefs and his analysis was that the documents had been "very carefully drafted and recommendations about national interest are very clear," The Express Tribune reported.