Memogate case: SC gives FIA seven days to register case against Haqqani

ISLAMABAD: The Supreme Court on Tuesday granted one week to the Federal Investigation Agency (FIA) to file a case against Pakistan’s former ambassador to the US Husain Haqqani for committing treason.

The court also directed the agency to prepare a dossier on the Interpol objections to the red warrant issued for Haqqani. A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Umer Ata Bandyal and Justice Ijazul Hassan, heard the Memogate case.

The court on Feb 15 issued an arrest warrant for Haqqani and directed his repatriation to Pakistan in accordance with the law. Haqqani has repeatedly failed to comply with the court orders and recently dismissed the reopening of the infamous Memogate case as a ‘political gimmick’ on part of the Supreme Court of Pakistan.

On Tuesday, Additional Attorney General Waqar Rana submitted before the court that Haqqani had become active and a lobby had started working against the country after the court proceedings.

He requested the chief justice to hear him in chamber. The court told the law officer that Barrister Zafarullah Khan, the petitioner, will also be attending the chamber meeting to which Waqar Rana agreed.

Later after the hearing, Waqar Rana and Barrister Zafarullah, Chairman Wattan Party, met the chief justice in his chamber. Earlier, during the course of hearing, Waqar Rana informed the court that the Interpol wrote to the FIA on February 22 that they had reservations about the red warrant for the arrest of Husain Haqqani.

“We are preparing a dossier to address the objections forwarded by the Interpol,” Waqar Rana said, adding that according to Interpol there should be a two-year sentence, while the show cause notice issued by the court for contempt carried maximum punishment of six months.

Barrister Zafarullah contended that the instant case had been pending with the court for adjudication for the last eight years. He said an extradition treaty existed between Pakistan and the US applying equally on the both.

The chief justice however said they had dug out the case after a long time. The chief justice said the apex court didn’t know whether Husain Haqqani was a dual national or not but the Interpol had to execute the court orders and the FIA knew how to approach Haqqani.

Barrister Zafarullah contended that there were criminal offences against Husain Haqqani and all those things had been discussed in the Memo Commission. He said Haqqani had committed high treason and failed to appear before the court despite his commitment. Justice Ijaz-ul-Ahsan observed that the national requirement had to be fulfilled, adding that there was a process of issuing red warrant that had to be completed.

The chief justice asked the law officer what action the FIA had taken after the report released by the commission. “Whether the commission report prohibited anyone from taking steps to bring Husain Haqqani back,” the CJP asked.

The law officer however submitted that the FIA was considering registering a case against Haqqani, adding that after 2013 the case was dumped. Granting one week to the FIA to register a case, the court adjourned the hearing for a week.