PESHAWAR: Former president Asif Ali Zardari has requested Peshawar High Court to dismiss as non-maintainable a writ petition, seeking orders for the commission of inquiry into the Abbottabad incident to probe the ‘prior information’ allegedly available with Mr Zardari about the May 2011 US military operation against Al Qaeda leader Osama bin Laden.

In a written reply to the petition submitted to the court, the former president states that the writ petition is not maintainable as the subject matter does not fall within the ambit of Article 199 of the Constitution and the inquiry commission after concluding its report is no longer functional.

The petition is filed by freelance journalist Shahid Orakzai, pleading the court to order the Abbottabad commission to examine the ‘evidence’ of the alleged communication between former president Zardari and then Pakistani ambassador to the US Hussain Haqqani prior to the Abbottabad operation and submit report about it within 30 days.

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As interim relief, the petitioner has requested the court to suspend the membership of the National Assembly of Mr Zardari and restrain him from leaving Pakistan.

Senior lawyer Muzzamil Khan submitted the reply on behalf of Mr Zardari.

A bench of Justice Syed Afsar Shah and Justice Lal Jan Khattak, which took up for hearing the petition on Wednesday, adjourned hearing in the case without any noteworthy progress due to strike of lawyers across the province.

The petitioner has alleged that Mr Zardari was covertly connected with the American CIA in relation to its operation against Osama bin Laden and his connection should be proven before the commission of inquiry into the Abbottabad incident.

In the written comments, prepared by senior counsel Sardar Mohammad Latif Khan Khosa, it is stated that the subject matter related to the episode having occurred in 2011 and was being agitated before the court in 2019.

“The public concern was promptly addressed with the constitution of a high-powered commission known as the Abbottabad commission headed by Supreme Court Senior Justice Javed Iqbal under the Commission of Inquiry Act 1956 by the then federal government,” the respondent maintained.

He states: “The commission held threadbare inquiry and examined civil, military and personnel of all agencies and innumerable others and after prolonged sessions, hearings and deliberations submitted report which with its sensitivities and national interests concluded the matter.”

Mr Zardari states that the petitioner is neither an aggrieved person, nor has any locus standi to file the petition. It is added that the petitioner is known for filing such petitions, which can be termed as frivolous and wastage of court’s precious time.

The respondent states that the commission has long since concluded and submitted the report to the federal government and as such has become non-functional. He terms the claim of the petitioner incorrect that in the last week of April 2011, he as the country’s president betrayed the ‘security of Pakistan’ by concealing secret information received from Washington DC about the US military operation against Osama bin Laden.

Mr Zardari states that as no secret information was received from Washington, therefore, the suggestions of the petitioner regarding any follow-up action at the end of the respondent did not arise.

Published in Dawn, February 7th, 2019