Memogate: Legal options being weighed to bring Haqqani back

Govt to approach Interpol or place a formal request to US for ex-envoy’s extradition

ISLAMABAD: Pakistan has decided to initiate legal proceedings for extradition of former ambassador to United States Hussain Haqqani as the Supreme Court has given a week’s deadline to the federal government for bringing him back.

A senior official told The Express Tribune that legal minds were considering different options for Haqqani’s extradition, adding that apparently two options were under consideration, which would be used in the future.

“Firstly, efforts will be made to bring him back through Interpol. Secondly, a direct request will be made to the US for his extradition,” he added.

It has been learnt that that an international law firm would also be contacted to get proper legal advice regarding his extradition.

For meeting extradition requirements through Interpol, the official said, an FIR had been registered against Haqqani over misappropriation of $2 million from the national exchequer every year.

“After the conclusion of investigation and submission of challan, the court will issue summons and then the arrest warrant. The warrant will be executable outside Pakistan,” he said, adding that the request for extradition would be made to Interpol, and the attorney general for Pakistan would request the US Justice Department for assistance.

“Pakistan will make a formal request to the US regarding Haqqani’s extradition, but if the plea is not accepted then formal legal proceedings will be initiated,” he said, adding that a government team would visit the US soon for the purpose.



Renowned lawyer Barrister Farogh Nasim also endorsed the legal option for bringing Haqqani back to the country.

“There is an extradition agreement between Pakistan and the US. In view of this agreement, a request can be made for extradition and if it is denied then the government can file a case in US local court for implementation of the extradition treaty,” he said.

Barrister Nasim described it as a “theoretical option” but said that he was not sure how effective it would be in achieving the aim.

A senior lawyer with expertise in international affairs said, “There is a need to understand whether Haqqani has committed an extraditable offence. Disloyalty to the state does not come within that ambit as it is a ‘political offence’.”

He said it also depended on whether he and his wife possessed US nationality.

The senior lawyer believes that Pakistan should carefully use its legal options as any untoward move may embarrass the country.

“If the extradition is refused, then it will bring a bad name to the country. Therefore, Chief Justice of Pakistan Mian Saqib Nisar should show restraint in this matter,” he added.

Another senior government official admitted that resources were required to utilise these options.

Zardari absolved of charges

The memogate commission, led by Justice Qazi Faez Isa, has absolved former president Asif Ali Zardari of authorising the preparation of the memorandum.



“No evidence was produced before us that indicated that Zardari had either authorised the preparation of memorandum or directed it to be sent to the American administration,” stated the report, which was compiled by incumbent judges of the Supreme Court, Justice Isa, Justice Mushir Alam and Justice Iqbal Hameedur Rehman – the last mentioned having retired now.

A 121-page report was submitted by the commission on June 4, 2012.

The report stated, “It is our view that Haqqani led Mansoor Ijaz to believe that the memorandum had the authority of Asif Ali Zardari, (the then) President of Pakistan.”

The report stated that it had been incontrovertibly established that the memorandum was authentic and Haqqani was the originator and the architect of it. Haqqani had sought American help as he wanted to create a niche for himself, making himself indispensable to the Americans.

It also stated that Haqqani’s acts created fissures in Pakistani politics and were acts of disloyalty to Pakistan that contravened the Constitution of Pakistan.

“There can be no two views that terrorism must be contested, terrorism be fought, nuclear proliferation be opposed, civilians (and not the military) determine foreign policy and the ship of the state guided by civilian hands at the helm; however, what is not acceptable is for Pakistan’s ambassador to beseech a foreign government to run our affairs,” said the report, which is available with The Express Tribune.



The commission said that during Haqqani’s tenure as ambassador to US, he received $8 million but refused to submit any information about the utilisation of the fund.

It is pertinent to mention that the memogate case was brought to the Supreme Court by deposed prime minister Nawaz Sharif. Now, Sharif is of the view that it was a mistake to approach the apex court.