Islamabad, Jan 10(ANI): Pakistani lawyer Asma Jehangir has filed a review petition challenging the Supreme Court's decision to appoint a judicial commission to probe the Memo Gate scandal.
The petition also challenges the apex court's December 30 order of appointing High Court judges as commission members.
A nine-judge bench of the Supreme Court had earlier formed a three-member commission comprising the chief justices of the Balochistan High Court, Sindh High Court and Islamabad High Court to probe the Memo Gate scandal.
The bench had also decided that it has the jurisdiction to hear the matter because the petitioners succeeded in establishing the issue as deserving public importance, which required the enforcement of fundamental rights.
Asma, however, said the court did not have the authority to appoint High Court judges as commission members, pointing out that a "commission set up to examine any person or evidence may be deputed to any court except 'a high court', the Express Tribune reports.
Asma added the court has formed the commission under Article 187 of the Constitution read with order XXX1, Rule 1 and 2 as well as order XXXVI of the Supreme Court Rules, 1980, as announced in the December 30 order.
"Order XXXVI of the Supreme Court Rules has been repealed in 2003," she said.eanwhile, a petitioner in the Memo Gate case has urged the Pakistan Supreme Court to restrain the commission from probing the memo case because it has issued a notice to President Asif Ali Zarfari, who enjoys constitutional immunity.
The petitioner, Shahid Orakzai also expressed his apprehension that the commission might give credit to Pakistan Muslim League-Nawaz (PML-N) Chief Nawaz Sharif for the memo probe. (ANI)
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