Daily Times

Last week, the Supreme Court was finally informed by its Amicus Curiae, Ahmer Bilal Soofi, that former ambassador to the US, Husain Haqqani, can’t be brought to Pakistan because of ‘legal hurdles.’

That is exactly what this newspaper had pointed out from the first day the Supreme Court revived the pursuit of Mr Haqqani in the controversial Memogate case a few months ago.

Mr Soofi informed the court that presently the FIA does not have enabling power to deal with transnational crimes and issues of mutual legal assistance (MLA). The Supreme Court directed him to frame the rules and legislation that are missing so that those sought by Pakistani courts can be brought back from other countries.

It is well known that the only way to get another country to repatriate anyone is extradition and extradition depends on international law or the laws of other countries, not those of the country seeking extradition.

The laws of extradition completely preclude return of anyone wanted for political reasons — a situation that clearly applies to Husain Haqqani, as acknowledged by Interpol, which did not act against him despite the Supreme Court’s directives.

Even if new Pakistani laws are now formulated that make non-appearance before the Supreme Court in a political matter a major crime, it would not impact the case of Husain Haqqani’s freedom abroad.

Firstly, the new legislation is not likely to have retroactive effect and secondly, international law remains clear about political matters falling outside the scope of extradition.

Instead of continuing to waste precious time of superior courts on cases that have no effect beyond Pakistan’s media, it would be best to leave Husain Haqqani alone.

It might be useful to review as to why the pronouncements of Pakistan’s courts are not taken seriously by international institutions, such as Interpol, and other countries.  *

Published in Daily Times, July 2^nd 2018.