ISLAMABAD - Main character of the Memogate scandal, Mansoor Ijaz, on Tuesday filed an application through his counsel before the Judicial Commission constituted by the Supreme Court for appointment of a suitable local commissioner for recording his testimony outside Pakistan either in Dubai or London.Akram Sheikh, counsel for the American businessman Ijaz, pointed out that Husain Haqqani is free to travel abroad in pursuance of the Supreme Court order dated January 30.He said the applicant cannot trust the security cover promised by Attorney General for Pakistan Maulvi Anwarul Haq and Federal Minister for Interior Rehman Malik because of the bitter experience of past when the security was breached by miscreants a number of times particularly in 2008 when Mohtarma Benazir Bhutto was assassinated. Although Ijaz had earlier offered to make himself available before the Commission for recording a statement but had to reconsider it for security reasons, the application stated.Notwithstanding the applicant’s earlier offer to voluntarily appear before the Commission, the legal position remains the same i.e. that no one can be asked to attend in person to give evidence unless that person resides at any place within Pakistan (Rule 19 of Order 16 of the Code of Civil Procedure 1908). The provision in Rule 5 of Order 26 to issue a commission for examination of a person living abroad is to be liberally exercised to advance the cause of justice, particularly in a case of public importance taken up by the apex court under Article 184 of the Constitution.It is also respectfully submitted that the nature of enquiry in public interest litigation is inquisitorial rather than adversarial and, therefore, consideration of public interest is of paramount importance and no rule of procedure can be permitted to operate as a tyrant master to stand in the way of this objective.He further contended that by virtue of Para 9 (e) of the order of the Supreme Court dated December 30,2011, the Commission was also mandated to collect evidence within and outside Pakistan according to prevailing laws on the subject.It is submitted with respect, the fact that the examination of a relevant witness may entail heavy costs is not sufficient ground for refusing to exercise discretion for appointment of a Commission. Rather the paramount considerations are that whether evidence of the witness, sought to be examined, through Commission is necessary and relevant and that the appointment of Commission is conducive to the just and proper decision of the case.It is, therefore, most respectfully prayed that a suitable local Commissioner may graciously be appointed under Rule 5 of Order 26 of the Code of Civil Procedure 1908 for recording evidence of the Applicant either at Dubai or at London.