Maulvi Iqbal Haider

Form No: HCJD/C-121
ORDER SHEET
IN THE ISLAMABAD HIGH COURT, ISLAMABAD

(JUDICIAL DEPARTMENT)
W.P. No.1244/2022
Moulvi Iqbal Haider
Versus
Federation of Pakistan and others
S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where
order/ proceedings necessary.
proceedings
11-04-2022 Petitioner (Molvi Iqbal Haider, Advocate) in person.
Athar Minallah, C.J.- Moulvi Iqbal Haider is
an enrolled advocate and he has invoked the jurisdiction
of the Court under Article 199 of the Constitution of the
Islamic Republic of Pakistan, 1973 (hereinafter referred to
as the ‘Constitution’). He has sought directions to the
Federal Government for probing the contents of the cable
sent by the Ambassador of Pakistan in the United States
of America to the Ministry of Foreign Affairs, Government
of Pakistan. He has also sought a direction for initiating
proceedings under the High Treason (Punishment) Act,
1973 against Mr Imran Khan, former Prime Minister, Mr
Fawad Chaudhry, former Federal Minister and the
Ambassador of Pakistan in the United States of America.

Pg: 2
W.P. No.1244/2022
In addition he has prayed that their names be ordered to
be placed on the Exit Control List.
2. The petitioner has appeared and has been
heard. He has claimed that the treason case against
General (Retd) Pervaiz Musharraf was initiated pursuant to
acceptance of his petition.
3. It is settled law that matters relating to
foreign affairs of the country are extremely sensitive and,
therefore, not justiciable while exercising extra ordinary
jurisdiction under Article 199 of the Constitution. The
assertions made in the memorandum of the petition are
vague and they are not supported by any credible material
so as to justify making of a diplomatic cable as the subject
of the litigation in hand.
4. It is surprising because despite being an
enrolled and able advocate, it appears that the petitioner
probably does not appreciate the importance, sanctity and
sensitive nature of a diplomatic cable sent by Pakistani
diplomats from the respective countries where they have
been posted. The diplomatic cables are of immense
importance and have a limited access. They are classified
because they enable the Pakistani diplomats to write

Pg: 3
W.P. No.1244/2022
assessments and analysis uninhabited including disclosing
rare things. The diplomats have the assurance that their
reporting and assessments would be fully protected and
shall not be sensationalized nor politicized.
5. It is a fundamental duty of every diplomat
across the globe to share their assessments, analysis and
conclusions with the respective countries that they
represent. Such assessments and analysis are invariably
based on informal conversations with officials of the host
governments. Every diplomat of Pakistan is expected to
faithfully and honestly convey what he or she may hear or
see. Keeping in view the nature of the diplomatic cables
and the need to keep them confidential, it is definitely not
in public interest nor in the interest of integrity of the
State to make the cables subject of political controversies
or litigation. This is likely to have profound consequences
for the functioning of the foreign office because it would
discourage diplomats from candid, faithful and honest
reporting besides undermining the integrity of the
communication systems available to them as tools for
performing their onerous functions. By making diplomatic
cables the subject of political debate or litigation definitely
impacts the credibility, reliability and effectiveness of the
working of the foreign office. Bringing sensitive and

Pg: 4
W.P. No.1244/2022
informal diplomatic conversations into public domain is
likely to harm the image of Pakistan and its foreign policy.
It is, therefore, contrary to public interest and national
security to make diplomatic cables controversial.
6. The cable referred to in the petition was sent
by a diplomat who is known for his outstanding
professionalism and competence. It was placed before the
National Security Committee. It appears that the latter
was satisfied that no probe was required. Such sensitive
and complex matters ought to be dealt with by the foreign
office of Pakistan, rather making them controversial
through litigation.
7. It is ironic that an enrolled and responsible
advocate is alleging treason against a former elected
Prime Minister of Pakistan and seeking a direction for
initiation of proceedings against him. The rhetoric of
treason is deprecated. No citizen can claim to be more
patriotic than the other. Likewise no citizen has the right
to declare others as having committed treason. Every
citizen is presumed to be patriotic and loyal to the State
unless otherwise declared by a competent court of law.

Pg: 5
W.P. No.1244/2022
8. The allegations and assertions made against a
former elected Prime Minister in the memorandum of the
petition are deprecated. Moreover, making the cable sent
by a diplomat of Pakistan controversial and subject of
litigation is against public interest and the interests of the
State. It is an onerous duty of every citizen to ensure that
sensitive national security issues are not sensationalized
nor politicized. Dragging the diplomats and their classified
reporting and assessments into political controversies
could undermine Pakistan’s national interests, its
diplomacy and external relations.
9. For the above reasons, the Court is satisfied
that the petition is frivolous and the petitioner has
unjustifiably attempted to make the cable controversial.
The petition is, therefore, dismissed and a cost of
Rs.100,000/- (rupees one hundred thousand) is imposed
on the petitioner. The cost is ordered to be deposited with
the Deputy Registrar (Judicial) of the Court within fifteen
days from the date of receiving a certified copy of this
order. The amount shall thereafter be deposited in the
account maintained for payment of fee at State expense.
(CHIEF JUSTICE)
Luqman Khan/*

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Form No: HCJD/C-121

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

Moulvi Iqbal Haider

Federation of Pakistan and others

Athar Minallah, C.J.- Moulvi Iqbal Haider is

an enrolled advocate and he has invoked the jurisdiction

of the Court under Article 199 of the Constitution of the

Islamic Republic of Pakistan, 1973 (hereinafter referred to

as the ‘Constitution’). He has sought directions to the

Federal Government for probing the contents of the cable

sent by the Ambassador of Pakistan in the United States

of America to the Ministry of Foreign Affairs, Government

of Pakistan. He has also sought a direction for initiating

proceedings under the High Treason (Punishment) Act,

1973 against Mr Imran Khan, former Prime Minister, Mr

Fawad Chaudhry, former Federal Minister and the

Ambassador of Pakistan in the United States of America.

In addition he has prayed that their names be ordered to

be placed on the Exit Control List.

2. The petitioner has appeared and has been

heard. He has claimed that the treason case against

General (Retd) Pervaiz Musharraf was initiated pursuant to

acceptance of his petition.

3. It is settled law that matters relating to

foreign affairs of the country are extremely sensitive and,

therefore, not justiciable while exercising extra ordinary

jurisdiction under Article 199 of the Constitution. The

assertions made in the memorandum of the petition are

vague and they are not supported by any credible material

so as to justify making of a diplomatic cable as the subject

of the litigation in hand.

4. It is surprising because despite being an

enrolled and able advocate, it appears that the petitioner

probably does not appreciate the importance, sanctity and

sensitive nature of a diplomatic cable sent by Pakistani

diplomats from the respective countries where they have

been posted. The diplomatic cables are of immense

importance and have a limited access. They are classified

because they enable the Pakistani diplomats to write

assessments and analysis uninhabited including disclosing

rare things. The diplomats have the assurance that their

reporting and assessments would be fully protected and

shall not be sensationalized nor politicized.

5. It is a fundamental duty of every diplomat

across the globe to share their assessments, analysis and

conclusions with the respective countries that they

represent. Such assessments and analysis are invariably

based on informal conversations with officials of the host

governments. Every diplomat of Pakistan is expected to

faithfully and honestly convey what he or she may hear or

see. Keeping in view the nature of the diplomatic cables

and the need to keep them confidential, it is definitely not

in public interest nor in the interest of integrity of the

State to make the cables subject of political controversies

or litigation. This is likely to have profound consequences

for the functioning of the foreign office because it would

discourage diplomats from candid, faithful and honest

reporting besides undermining the integrity of the

communication systems available to them as tools for