Daily Times

The Supreme Court on Thursday wrapped up a suo motu case pertaining to 2011 Memogate scandal and remarked that it is the State’s decision whether it wants to bring back former ambassador to US Hussain Haqqani and try him, a private TV channel reported.

A three-judge bench headed by Chief Justice Asif Saeed Khosa and comprising Justice Gulzar Ahmed and Justice Ijazul Ahsan disposed of the case after none of the petitioners appeared before the court. Former prime minister Nawaz Sharif, Qaumi Watan Party and several others are petitioners in the case.

CJP says SC has nothing to do with the matter now; State can pursue it if it so wishes

“Why have none of the petitioners appeared for the hearing? And if none of the petitioners have showed up then why should we waste our time?” Chief Justice Khosa remarked as the hearing started. He also noted that the case had been pending for the last eight years, observing that the Memogate Commission had issued its report on the matter in 2012 and a case was registered in light of it against Haqqani.

The additional attorney general told the court that the case involves a lot of sensitive matters. Observing that an ambassador wrote a memo, the top judge questioned, “Is today’s government feeling any threat from that memo?” “Now, it is the State’s matter whether they want to go after the suspect and bring him back and take whatever measures they can take,” the chief justice said. “How and why did the Supreme Court come in this whole matter?” he asked. “If someone has committed high treason, the State should conduct an inquiry,” he added.

Questions if State, constitution, Pakistan Army and democracy are so weak that they were shaken by a memo

Chief Justice Khosa remarked that the extradition of Haqqani was a ‘secondary’ concern and that the actual issue was the memorandum that had been written to the US government. He said when the matter was brought to the Supreme Court, there were allegations against the then government and the ambassador. “Now, neither that government nor the ambassador are in power and thus the current government should do as it deems fit. If they cannot reach the suspect or do not want to, they should take measures accordingly,” he added.

“Is the State, constitution, Pakistan Army and democracy so weak that they have been shaken by a memo?” Chief Justice Khosa questioned, and added, “Pakistan is a strong nation and there is nothing to worry about.”

Following a brief hearing, Chief Justice Khosa remarked that the top court has nothing to do with the matter now and disposed of the case.

The Memogate scandal erupted in 2011 when Pakistani-American businessman Mansoor Ijaz claimed to have received an ‘anti-army’ memo from Haqqani, the then-Pakistan envoy in Washington DC, for then-US chairman of the joint chiefs of staff Admiral Mike Mullen.

Published in Daily Times, February 15^th 2019.