Husain Haqqani cannot be brought back on contempt charges, SC told

Ahmer Bilal Soofi says the former ambassador could be brought back under international law

Hasnaat Malik August 09, 2018
Hussain Haqqani. PHOTO: FILE

ISLAMABAD: International law expert Ahmer Bilal Soofi informed the apex court on Thursday that former ambassador to the US Husain Haqqani could not be brought back to Pakistan on charges of contempt of court.

A three-member bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar was hearing the case.

Soofi apprised the court that the offence pertaining to an alleged misappropriation of the embassy fund could be pursued but the matter should be referred to the National Accountability Bureau (NAB) and Federal Investigation Agency (FIA) to bring Haqqani back through Mutual Legal Assistance (MLA).

In view of this offence, Haqqani could be arrested in US under the international law.

Justice Ijazul Ahsan remarked that the Foreign Office (FO) should take up the matter with US authorities to bring back Haqqani to the country.

SC orders govt to take necessary steps for Haqqani's repatriation

Soofi also recommended that FO should communicate SC's displeasure regarding Haqqani to US authorities.

On the other hand, Justice Umar Ata Bandial said the apex court is a judicial body working under the Constitution and it is imperative to take up the matter with US authorities.

Soofi also submitted a draft of amendments in FIA rules which could enable the agency to execute the MLA process currently being exercised by NAB.

Under that new power, any concerned agency can directly approach a foreign agency regarding any matter without involving FO.

The bench has sought a report from the federal government as well as NAB regarding Soofi's proposed draft.


numbersnumbers | 3 years ago | Reply Hmm, no mention of Pakistan refusing to allow extradition of Hafiz Saeed to India under Interpol Red Corner Warrant! More nothing article for local consumption only!
Solomon2 | 3 years ago | Reply Interpol has strict "Article 3" rules regarding protection of individuals and does not issue its cards for individuals accused of merely political crimes, as defined by its Charter and the Universal Declaration of Human Rights. In cases of "politicians/former politicians wanted by their own countries" (and by definition an ambassador is a politician) that country "may be required to provide evidence, such as personal gain by the individual, that the offence comes under ordinary law." In the examples Interpol cites, misappropriation of funds by ex-politicians required evidence of personal benefit to show that it wasn't a case of home country politicizing a policy dispute:
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