Bringing back Haqqani: SC asks Soofi to frame rules for transnational crimes
The Supreme Court on Tuesday directed Ahmer Bilal Soofi to frame rules for transnational crimes in order to empower Federal Investigation Agency (FIA) to bring back former Pakistani Ambassador to United States Husain Haqqani. Bilal Soofi, who was appointed an amicus curiae (friend of court) to assist the court how to bring back Haqqani, told the bench that presently the FIA does not have enabling power to deal with the transnational crimes and issues of the mutual legal assistance (MLA). He also said that there is also need for the central authority for cooperation.
A three-judge bench headed by Chief Justice Mian Saqib Nisar heard the suo motu case. An FIR had been registered against Haqqani regarding misappropriation of funds. A judicial magistrate Karachi had issued arrest warrants of Haqqani which the FIA sent to Washington and pasted at his home in Karachi.
The court noted that Haqqani is Pakistani and presently living in the USA. He is required by the Pakistani courts. He had given undertaking to the apex court that on notice he will appear before it in four days. The Chief Justice said that now the Supreme Court is asking him to come back and face the court in Memo Commission case but he is not complying with the court order. Soofi told that the exercise for the requisition of Haqqani can't be fruitful unless the rules are framed. The Chief Justice asked him to frame the rules and they would endorse it and after that they would be sent to the federal government for final approval.
Haqqani was implicated in the memogate scandal when he allegedly had a memo delivered to Admiral Mike Mullen through Mansoor Ijaz. The memo had offered greater government cooperation in return for the US backing against the military in the immediate aftermath of the May 2 raid which led to the capture and killing of Osama bin Laden. Haqqani was allowed to leave the country with the commitment vide order January 30, 2012 whenever the court requires his presence, he will appear in person within a period of four days.
The apex court on December 01, 2011 had formed a commission, headed by Justice Qazi Faez Isa, and comprised Justice Iqbal Hameed-ur-Rehman and Justice Mushir Alam to probe the authenticity and purpose of creating/drafting of memo for delivering it to then Chairman of the US Joint Chiefs of Staff Admiral Mike Mullen. According to the commission's findings, "It has been incontrovertibly established that the memorandum was authentic and Haqqani, former ambassador of Pakistan to the USA, was the originator and the architect of memorandum. Haqqani sought the 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."


















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