ISLAMABAD - The Islamabad High Court (IHC) Tuesday dismissed a petition seeking directions to the government to probe the revelations made by former US Secretary of State Henry Kissinger regarding the 1971 war.  A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of a petition filed by a citizen Malik Mushtaq Ahmad and termed the same as “non-maintainable.”  The petitioner stated in his petition that he invoked the constitutional jurisdiction of this court seeking a direction to the President and the Prime Minister of Pakistan to decide his application dated September 15, 2020 about constitution of a commission to probe into the veracity of statements made by Kissinger. However, the IHC Chief Justice observed in his verdict that the petitioner could not satisfy this court regarding maintainability of the petition. He added that the petitioner asserted that he is seeking a direction because the matter concerns the security and stability of the state of Pakistan.  

Justice Athar noted, “There is no reason for this court to doubt that the Majlis-e-Shoora (Parliament) or the executive organ of the State would be oblivious of their duties relating to safeguarding the security and stability of Pakistan.”  “The security and stability of Pakistan are neither weak nor requires protection through interference by this Court. The petitioner was not able to satisfy this Court that his rights have been violated on account of some statements attributed to a former Secretary of State of the United States and published in various newspapers/journals,” maintained the bench.  It added that the prayers sought by the petitioner are not justiciable by this court while exercising jurisdiction under Article 199 of the Constitution of Pakistan, 1973. It continued that moreover, the appropriate forums for raising such matters are other than a High Court.  The bench maintained, “For the above reasons, this petition is frivolous and therefore, accordingly dismissed.”