Daily Times

Earlier this year, the Supreme Court reopened the so-called Memogate case against Pakistan’s former ambassador to the United States, Husain Haqqani, and demanded his return to Pakistan. At that time, this newspaper pointed out that Haqqani cannot be forced to return to Pakistan under International Law.

Now, after several months, the Supreme Court has been informed by its amicus curiae that international law does not enable Haqqani’s return on charges of treason or contempt of court.

It has become a tradition of sorts to overestimate the authority of our state institutions. Many believe that the hot pursuit of Haqqani is motivated by his critical views on the policies of Pakistani state. While Haqqani may not always be right but the larger question remains: is it worth the effort and resources when legal avenues for forcing Haqqani’s return to Pakistan are tightly closed?

The amicus curiae also informed the apex court that it might be possible to bring Mr. Haqqani back on charges of embezzlement or misappropriation of government funds. A case to that effect was launched by FIA, on the Supreme Court’s direction, in May.

Just as we pointed out against trying to seek Mr Haqqani’s extradition on grounds of treason or contempt of court, the embezzlement or misappropriation case is not likely to go anywhere.

Read more: Husain Haqqani and the SC

The United States’ Criminal Procedure Code’s provision 18 USC 3282 sets a time limit for filing charges against anyone and that Statute of Limitations may be applicable in Mr Haqqani’s case. Under U.S. law, the government can no longer file criminal charges for an offense once 5 years have passed. Mr. Haqqani resigned as ambassador in November 2011 and the five-year deadline is long over.

It is unfortunate that this issue continues to waste the precious time of the court and law enforcement agencies. Ideally, Haqqani’s influence in the American capital could have been used to advance Pakistan’s diplomatic agenda but this tug of war has resulted in a vicious cycle of accusations. We at this newspaper don’t want Haqqani to mock the Pakistani state and will advise him to show restraint. At the same time we urge the Supreme Court and other state institutions to end the memogate saga as it has outlived its utility. It is time to move on.  *

Published in Daily Times, August 13^th 2018.