The commission resumed its meeting, headed by Justice Faiz Esa at the Islamabad High Court.
The four options included: seize his property in Pakistan, issuance of an arrest warrant, filing of a criminal case against him or hold him in contempt of court.
Attorney General Maulvi Anwarul Haq proposed that Haqqani could also be brought back by the help of the Interior Ministry or InterPol.
Haqqani refuses to write consent letter to RIM
Haqqani's counsel Zahid Bukhari, prior to appearing before the commission said that his client will not write a consent letter to BlackBerry manufacturer Research In Motion (RIM) to waive his right to privacy.
Speaking on the premises of Islamabad High Court, Bukhari said that he will request the commission to provide him the written order issued during Thursday's hearing, which had directed Haqqani to write a letter to RIM.
Bukhari said that his client will use this written order to consult his lawyers in the US after which he will decide whether to write a letter of consent waiving his right to privacy.
Earlier, Haqqani had submitted an application to the judicial commission, asking for his appearance to be excused at the Memogate scandal hearing on April 5 on medical grounds.
During Thursday's hearing, former director-general Inter-Services Intelligence agency (ISI) Shuja Pasha had claimed that he had seen the 35 Blackberry messages (BBM) between Mansoor Ijaz and Haqqani during his meeting with the former. “I asked him to provide the evidence but he refused to do so,’’ he maintained.
COMMENTS (41)
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@Ayesha Khan: "Pretty strange!"-----Not really, not over here where selective justice is part of national psyche and all and sundry including those sitting in judiciary have become victim of this malady.
My Dear ex-ambassador! Get well soon & face the music please.
Love,
Leave a side SC; the commission has also become victim of their erogance; the contempt of court. The contempt of court is becoming norm of the day. At least I am not sure who to be blamed; the courts or the accused for contemptous behaviour.
This is the most burning issue in Pakistan and all judges of Supreme Curt and three Chief Justices of High Courts should continue to waste their time and nation’s wealth in chasing the US double agent at all costs. Forget about the dozens of murders and dumping of bodies, forget about the Abbottabad, Mehran Base, poverty, injustices, healthcare fiasco, power shortage, and other cases rotting in courts. This Memo and the imaginary memo that courts want PM to write are the only issues for the PCO judges. According to the law Hussain Haqqani is innocent till proven guilty. The burden of proof is not on him but the prosecution which in this case are the “judges”. The judges and prosecution are the same for justice PCO style.
If the court is fair and the judges are not acting as prosecutors against Hussain Haqqani, they should treat him at par with Mansoor Ijaz and record his video statement. Leaving aside the morality of memo commission, one can see that commission is violating the law as well. They are making this country a laughing stock. Every one knows what is behind the smoke screen. It seems that commission members are running amoke to punish Hussain Haqqani. Mansoor Ijaz provided not solid evidence except verbal statement. In which law book it is written that cases can be preceded on the basis of just verbal statements. Even honorable judges know that Mansoor Ijaz has nothing to prove against Hussain Haqqani yet they are prolonging the case on the orders of those pulling their strings. Hussain Haqqani is innocent and soon it will be proved that it was a drama written by someone and acted by Mansoor Ijaz.
You have heard testimony from all parties --- and it's apparent that there isn't sufficient information to find Haqqani guilty --- the perception of bias hangs over this Commission like a dark cloud -- time to move on.
@Democrat:
Not exactly. If the commission decides to create a new precedent, as it did, to allow evidence via video link then it musts provide the same facility to both parties otherwise it’s a biased commission with potentially motives other than serving the cause of justice.
The commission is noticeably harsher towards Haqani compared to Mansoor Ijaz. This speaks volume of what’s really going on and Haqani would be rightfully concerned if he would ever get justice in the circumstance.
No sky would fall if commission allows Haqani video link, as it allowed to Mansoor Ijaz, if getting evidence is all commission is looking for.
@Parvez: "Do we need further proof that holders of dual nationality or permenant residency status should not be allowed to hold government office or sit in the Parliament." Parvez, don't you think your comment went too far to generalize people with dual nationalities? There are lots of honest people who hold dual nationalities who would never think of deceiving or defrauding either of the two countries. Hussain Haqqani does not represent or resemble hardworking Pakistanis living abroad. He only represents and defends a limited few who hold key positions in the current government setup. What Hussain Haqqani did, should not be used as a yardstick to gauge people's loyalties and patriotism. It's like saying that since a Muslim man in Pakistan threw acid on his wife's face, all Muslim Pakistani men should be treated with suspicion and disrespect. Seems pretty illogical to me, don't you think?
Which clause in the penal code of Pakistan gives right to an investigative commission to exercise these 4 options? PCO judges are rewriting the laws and the constitution. The only judges of integrity that Pakistan has seen in its history, were either non-Muslims or "genuinely" from small provinces.
Thise who had any iota of doubt should now be clear that Haqqani is a cheat and who is at his back. In fact hsi return could be one of the conditions for reopening thew supply route. Those who hosted him in the presidency and prime ministers house, I hope can have some sense of guilt in being accomplices to the crtime committed against the state of Pakistan.
God help Pakistan ....
This memogate affair beats the bollywood movies and tele serials for sure. Everyday something turns up new and unexpected.
mr.haqqani opted not to come - why in the world was let off to go - america behiend him why should he come, its no use threatening him? he is not a lay man/an ordinary pakistani - he spent years away far making strong lobby.....!
@Umer:
You are missing the other very obvious reason; this whole thing was started by the military; and courts in Pakistan in the past have not been very impartial when military interests were involved.
The commission probing into the Memogate scandal has proposed four options to bring Husain Haqqani back to Pakistan: seize his property in Pakistan, issuance of an arrest warrant, filing of a criminal case against him or hold him in contempt of court. Also, the Attorney General has proposed that he could be brought back through Interpol. The commission should use all the five options simultaneously, although the Interpol option may not be very effective as it will involve both the governments of Pakistan and the United States which are protecting this criminal.
It'd be pragmaic for anyone in present circumstances to stay far away from this so called 'Memogate Commision' for it'd amount to suicide. Husain Haqqani is much to prudent, I'd guess, and smart a guy to risk his life-----my advice to him-----life must have precendence over property. Let them confiscate your property illegally rather than be assassinated in the garb of "justice". Vendettas and vengence behind the veil of justice have killed many innocent men, and history is replete with such 'fair trials' and dispensation of 'justice'or injustice!
Why was the commission not so strict with Mansoor Ijaz but actually followed his date and place of convenience in Masoor Ijaz’s case?
Is impartiality of the commission not on the line? Can anyone blame Haqani for not trusting the intent of the commission.
A traitor is RUNNING
Gone is gone. Why did you allow him to go abroad first. Now what ever you do he will not come back unless assured some safety.
@Pakistan: Why should he give access to bias judiciary, when pasha says army had no intention CJ believs, though Munsoor Ijaz accused him. along with Haqqani. Our poor judiciary is investigating a paper which is not written by accused, neither it carries his signature, Ayaz Amir only sane politician/ journalist of PMLN, called it a piece of paper of no worth, but our judiciary folded its sleeves to milk a bull.
@Democrat: Yes but their army has right to destabilize the rightly elected govt, Your immediate reason will be Ijaz munsoor should not be believed what pasha was up to.
It was biggest mistake, authorities that let him go.
Do we need further proof that holders of dual nationality or permenant residency status should not be allowed to hold government office or sit in the Parliament.
There was a traitor who ran away in time. Now forget about him as he will never come. Hang all those who appointed him and are fighting the case for him.
@Chaudhry Rab Nawaz: "Court should quickly sentence him after hearing his lawyer’s argument ."
Sentence him? First of all this is not even a trial. This is a commission to determine whether there can be a prima facie case. Secondly, what proof is there against him. Ijaz himself has said that he did not have any evidence that Haqqani sent him the memo or that he received approval from Haqqani. He just says that one of the calls when he talked to Haqqani ( a fact Haqqani does not deny), the memo was dictated to him. This is pure hearsay. Ijaz has said other things about Pasha too, which Pasha denies. So Haqqani can be considered guilty on basis of unsubstantiated statement by Ijaz but the same Ijaz's statement against Pasha should be ignored? Pretty strange!
the burden of proof is on accuser,mr Pasha sould be tried in a proper court for wasting courts time and money What is this Armynintelgence chief who just believes somebody who now according to his own words is a kier and unreliable person me Haqani is right in not submitting private data .Who knows what I interpratations this commission will make of any things he may have said a remember this was a conspiracy to bring the gaovt down and nothing else
When he was in Pakistan he said he forgot the pin, then he said he lost/misplaced his BB. And now when he was able to flee country he is refusing to write consent letter to RIM. This practically shows how corrupt our present leadership is, headed by our Prez. God save Pakistan.
By his actions Hussain Haqqani has proved that Mansoor Ijaz's charges against him are correct. Haqqani is dragging his feet to hide the truth. His lack of cooperation with the commission provides three honourable judges a genuine reason to declare him a guilty in this case. Justice should be done and Haqqani should be tried by the Supreme Court for the crime he has committed.
Why is the PPP supporting this dubious character?
It's becoming more and more obvious who did what, but i believe Zardari doesn't have anything to do with this.
Haqqani did mention in one of his BBM messages that he did this as personal venture to 'glory'. PPP needs to sideline itself from now on.
Court should quickly sentence him after hearing his lawyer's argument . If he does not appear ,then court must issue his arrest warrant and sentence him maximum or death penalty. He can remain outside but this will establish rule of law that traitors likw him will avoid capturing such posts., later will be stage to get him through interpol,. But Justice must be quick and indiscriminate.
This pretty sums it all. Had he been innocent he would never have hesitated on this count as the Blackberry record is the linchpin in this case
If he is innocent, why is he refusing to write the letter. This goes against him.
If you have nothing to hide then why don't you write a letter to RIM?
Hussain Haqani is a traitor and his refusal in many ways proves he is hiding the true fact. Memo Commission is investigating some very serious charges which if found true would amount to high treason.
A traitor will never provide or help to provide proof against himself.
The only other time a man is this afraid to divulge is when there is something shady. Ms Ispahani, I think, is in for some other surprises too...BTW do they hire interns at Pakistan Embassy DC?
In the US and most countries a defendant cannot be forces to testify against him or help the prosecutors. It is one of the basic rights otherwise police can extract anything from the defendant. This case is a joke and would not hold in the lowest court let alone SC and three HC chief justices. There is no prosecutor, neutral judge, or credible witness and the court has assumed all the powers except to appear neutral.