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Husain Haqqani cannot be brought back on contempt charges, SC told [Update #3]

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SC wants its order to bring back Haqqani implemented

Nasir Iqbal

Updated February 09, 2018

ISLAMABAD: The Sup*reme Court on Thursday ordered the interior secretary, Foreign Office and Federal Investigation Agency (FIA) to sit together and come up with measures to ensure implementation of the court’s earlier order of bringing former ambassador to the United States Hussain Haqqani back to Pakistan.

On June 4, 2013, a nine-judge SC bench headed by then chief justice Iftikhar Mohammad Chaudhry had directed the then interior secretary to adopt legal measures ensuring the return of Mr Haqqani to Pakistan. The court had also hinted that it might adopt coercive measures in view of his continued refusal to appear before it and honour the commitment he made to come whenever called.

Mr Haqqani was at the centre of a controversy over a memorandum he had allegedly sent to former US military chief Admiral Mike Mullen seeking direct US intervention to avert a possible overthrow of the civilian government by the military against the backdrop of May 2, 2011 US raid at the Abbottabad compound to kill Osama bin Laden.

A judicial commission constituted by the Supreme Court had also held Mr Haqqani the originator and architect of the memo on June 12, 2012.

On Thursday, a three-judge SC bench headed by Chief Justice Mian Saqib Nisar was told that neither Mr Haqqani’s counsel Asma Jahangir nor his advocate-on-record Chaudhry Akhtar Ali had any instructions from him.

Mr Ali presented a fax message suggesting Mr Haqqani is not willing to come.

As a consequence, a review petition filed by Mr Haqqani against the court’s earlier order was dismissed, through the bench summoned the secretaries of foreign affairs and interior and the FIA director general to appear before it and explain the situation.

The court also sought explanation from its office why the matter was fixed before the bench after so many years when it should have been fixed after four weeks in 2013.

Additional Attorney General Mohammad Waqar Rana, however, said that since the matter had been taken up after such a long time, he was not well conversant with the developments or measures taken to bring Mr Haqqani back to the country to face the case. He also pointed out that the former ambassador used to hurl abuses at Pakistan.

The court, however, observed that this was a question about the dignity of Pakistan.

The additional interior secretary informed the court that he could not trace the case record and sought more time to do the needful.

During the proceedings, Barrister Zafarullah of the Watan Party presented a press clipping in which Mr Haqqani was quoted as saying that he would not come to Pakistan.

The bench asked the additional attorney general to look into the matter as Mr Haqqani had made a commitment to appear whenever called by the court.

Published in Dawn, February 9th, 2018

https://www.dawn.com/news/1388277

Will be delighted if this ******* can be bought back to justice. The way he spouts abuse against Pakistan so openly in India and in front of the western media is treasonous
 
Baher se he beth k chappairhein kera raha hai ��

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">My latest: ‘Meet the Stars of <a href="https://twitter.com/hashtag/Pakistan?src=hash&ref_src=twsrc%5Etfw">#Pakistan</a>’s Sitcom’ <a href="https://t.co/8SDwXQsVuI">https://t.co/8SDwXQsVuI</a></p>— Husain Haqqani (@husainhaqqani) <a href="https://twitter.com/husainhaqqani/status/1004700141654245376?ref_src=twsrc%5Etfw">June 7, 2018</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
 
Husain Haqqani cannot be brought back on contempt charges, SC told

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.

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.

https://tribune.com.pk/story/1776817/1-husain-haqqani-cannot-brought-back-contempt-charges-sc-told/
 
Am getting sick and tired of these excuses "Cannot be bought back", its as if the bodies don't have the intention of even trying to do something in the face of obstacles. Where there is a will there is always some way or the other.
 
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