A file photo of former ambassador to the US Husain Haqqani. PHOTO: FILE
ISLAMABAD: A larger bench of the Supreme Court on Tuesday directed the federal government to use all legal and constitutional measures to bring Hussain Haqqani back to Pakistan.
Haqqani a former ambassador to USA is facing proceedings in the apex court for allegedly writing a memorandum to Admiral Mike Mullen seeking US intervention alleging that the Pakistan Army intended to topple the then PPP government in the aftermath of May 1, 2010 US raid in Abbottabad to kill Osama bin Laden.
Heading a nine-member bench of Supreme Court judges, the SC Chief Justice Iftikhar Muhammad Chaudhry noted in his order, “As Haqqani has not fulfilled his commitment therefore we direct federal interior secretary to adopt all the constitutional and legal steps to bring back him in the country.”
Haqqani was allowed to leave Pakistan on January 30, 2012 only after he committed to the SC that he would return whenever the court required.
Advocate Asma Jahangir, representing Haqqani, said her client was afraid to come back to the country on account of threats to his life.
“As one of the petitioners against Haqqani, Mian Nawaz Sharif is going to become the next prime minister, my client fears for his life,” she said.
Responding to the question raised by the bench that why the former ambassador had not been fulfilling his commitment, Asma said “he (Haqqani) was paranoid and I could not convince him to return to Pakistan from USA.”
The chief justice observed that the country was being governed by the Constitution and irrespective of the fact whosoever was in power, cases of all citizens were to be dealt in accordance with the law.
Earlier during the proceeding Justice Asif Saeed Khan Khosa a member of the bench said that here the question was the dignity of the court, adding Haqqani’s undertaking was the commitment with the court.
Asma Jahangir argued that so far Haqqani had not violated the law adding the undertaking given by her client was in altogether different scenario and insisted why Mansoor Ijaz was given special treatment her client was refused similar facility by the judicial commission inquiring into the memo scandal.
Mansoor Ijaz is the Pakistani-American businessman who forwarded the memo to Admiral Mullen. Ijaz wrote about the incident in an article in Financial Times in October 2011.
After the short order the bench adjourned the hearing for four weeks.
Following the a set of petitions the SC on December 1, 2011 constituted a judicial commission headed by Justice Qazi Faez Isa, Chief Justice Balochistan High Court and comprised of Justice Iqbal Hameed-ur-Rehman, Chief Justice Islamabad High Court, Justice Mushir Alam Chief Justice Sindh High Court to probe the authenticity and purpose of drafting of memo for delivering it to chairman of the US Joint Chiefs of Staff Admiral Mike Mullen.
The commission in its findings held, “It has been incontrovertibly established that the memorandum was authentic and Haqqani, former ambassador of Pakistan in USA, was its originator and architect. Haqqani sought American help; he also wanted to create a niche for himself making himself forever indispensable to the Americans. He lost sight of the fact that he is a Pakistani citizen and Pakistan’s ambassador to the USA, and therefore his loyalty could only be to Pakistan.”
COMMENTS (15)
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As a principle accused in the famous Memo case, Hussain Haqqani describe his production in the court in Pakistan a high risk for his life because circumstances are not dependable despite the fact that there is government of his own party in the center . Mr. Haqqani refused to come to Pakistan attending the apex court proceedings due to lifethreat condition, Here is question of his personal safety. According to him I can not hand over my life to the state machinery. Remember, when Monsoor Ejaz refused to come to Pakistan for recording his statement he demanded for video link the same was fulfilled, Hussain Haqqanihave same demand must be admitted. When the same courts declared him disloyal to this land how he can expect anything good from those who killed Bhatti and Salman Taseer, How can he trust in the same courts? It is simply putting his life on stake.
Article 6 baby!!!
Ashma Jhangir trying her best to defend Haqani...
Memogate is a dead horse, why Supreme Court is banking upon it. Mansoor ijaz failed to substantiate his claims now this is an empty drum and Supreme Court wants to beat up it. The court that is ordering Hussain Haqqani to appear before him, is agree to assure his security???? I don’t think so that Hussain Haqqani is save in this country, why should he put his life at stake for an issue which does not exist either and that is only a scripted drama. Mansoor Ijaz was a gimmick; he made his appearance, gained some popularity and just disappeared. I request Supreme Court to pity on the poor nation for their money is not so useless that is spent upon such fabricated cases.
Demanding that Mr Haqqani must fulfil his undertaking of returning to the country despitethreats to his life is thin on legality, since there is merely an inquiry against him, and not a trial, (the SC cannot be the trial court in any case). The SC, therefore, exhibiting restraint, should avoid issuance of orders that will not be respected in theory and practice. There does not seem to be any substance left in the memo case, and instead of trying to coerce HusainHaqqani to return, the SC, in a prudent move, should terminate the inquiry, which culminated without bringing any evidence against the former ambassador, and which, being conducted without due process, could further embarrass the SC.
Recurring ‘threats’ against the former Pakistan ambassador to the US Husain Haqqani, post a commission-conducted inquiry even when no crime has been established, and the SC’s refusal to recognise threats to MrHaqqani’s life in Pakistan seems like a case of tagging a person guilty without due process. It is a matter of great concern for the justice system when the US citizen Mansoor Ijaz on whose long-distance, rather shaky testimony, the entire ‘memo’ imbroglio sputtered into action, is allowed to testify via video-link and Haqqani is barred from doing the same.
CJ ..your man now is the prime minister
This is the only case in the world which is based upon one unsigned and undated memo against a high official with no criminal record yet three sitting HC CJ and SC CJ have been working on it for months. There is no case in the history where four sitting CJ have worked on any case no matter how important. There has been no more serious case in Pakistan's history that these highly paid judges on extensions should pay attention. The courts have no time to put Qadri away, or punish even a single terrorist, or terrorism going on in our country from north to south.
Chief Justice Iftikhar Chaudary has proved the point that "power corrupts and absolute power corrupts absolutely." It is very sad but true that his actions are more whimsical than logical. Now the rule of the PPP is history, so what he is trying to prove by focusing on memo gate case.
LIke watching a re-run of a bad soap opera.
i also agree CJ should not stop hunting PPPP, CJ and suprem court should also telling about ARSLAN ifftikhar case,memogate does not effected on the poor economic condition of PAKISTAN .
There is no law in the country.It is the 'Power', which decides the path the law has to take.
It would suit the CJ well if he actually delivered instead of just promising to deliver.
I think CJ should now stop hunting PPP leaders. All know that this case is only a bluff. There are many other important cases in millions. People are no longer interested in fabricated cases.
Oh boy, He is in lot of trouble!