*The Islamabad High Court (IHC) has dismissed a petition seeking to probethe contents of a diplomatic cable sent by the former Pakistan Ambassadorto the United States, and fined the petitioner Rs100,000*
The petition filed by Advocate Moulvi Iqbal Haider urged the court to tryformer Prime Minister Imran Khan, former Information Minister FawadChaudhry and Ambassador Asad Majeed under treason charges and place theirnames on the no-fly list or ECL.
Addressing a public rally at Islamabad’s Parade Ground last month, then PMImran Khan claimed that his government had received a “written threat” fromoutside the country.
Later on PTI leader Asad Umar told media that the letter threatens that ifthe no-trust motion against Imran Khan fails there will be repercussions.
Imran Khan also told a meeting of party spokesperson that the letter wasreceived on March 7, a day before the no-confidence motion was submitted.
In his verdict, IHC Chief Justice Athar Minallah said due to the sensitivenature of the matters relating to foreign affairs, they are not subject totrial in a court under the Article 199 of the Constitution.
“It is settled law that matters relating to foreign affairs of the countryare extremely sensitive and, therefore, not justiciable while exercisingextra ordinary jurisdiction under Article 199 of the Constitution,” saidthe verdict.
The chief justice, in his apparent rebuke of the petitioner, said thatdespite being a lawyer, he failed to “appreciate the importance, sanctityand sensitive nature of the cable.”
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“It is surprising because despite being an enrolled and able advocate, itappears that the petitioner probably does not appreciate the importance,sanctity and sensitive nature of a diplomatic cable sent by Pakistanidiplomats,” added the verdict.
Justice Minallah said it is a fundamental duty of diplomats to share theirassessments that are based on informal conversations with officials of thehost governments.
The verdict added that these cables should not be subjected tocontroversies and litigation.
“It is definitely not in public interest nor in the interest of integrityof the State to make the cables subject of political controversies orlitigation. This is likely to have profound consequences for thefunctioning of the foreign office because it would discourage diplomatsfrom candid, faithful and honest reporting.”
Justice Minallah said the cable was placed before the National SecurityCommittee, which concluded that no probe was required.
