The Supreme Court (SC) on Monday turned down former ambassador to the US Hussain Haqqani's application through which he had objected to the Commission's report on Memogate scandal. The SC's institution branch returned the application to Advocate on Record Chaudhry Akhtar Ali on grounds that Haqqani's response carried his photocopied signature.
"We will file an appeal against rejection of the application," said Chaudhry Akhtar Ali while talking to Business Recorder.
The SC court has directed all the respondents of the Memogate case, including Hussain Haqqani to appear before a larger bench of Justice Mian Shakirullah Jan on July 12. In pursuance of the court orders Haqqani submitted his reply, attested by the Consular Attaché of Pakistani Embassy in Washington DC, which the court rejected on July 09.
In his reply to the SC, Haqqani categorically denied having any knowledge of the controversial Memo and insisted he had nothing to do with authoring and authorising the disputed memo sent by Mansoor Ejaz through General James Jones to Admiral Mike Mullen. He further said that no evidence had been presented and recorded by the Commission in this regard.
He further pleaded that the memo had created no tangible threat to country's security as claimed at the time of the setting up of the Commission to investigate its origin, authenticity and purpose.
Haqqani contended that the conclusion and process adopted by the Commission had only made a mockery of fundamental rights "that extend to protecting the reputation of individuals and ensure equal protection before the law guaranteeing due process."
Praying to set aside the Commission report, he argued, "The report of the Commission be set aside and not be considered so that full justice is done and discrimination including persecution of the petitioner [Haqqani] be rectified".
He stated that the Commission set by the Court had gone beyond its terms of reference and moved into inquiries that were not even remotely connected to the terms of reference and simply used to persecute the petitioner (Haqqani) on the responses which were not investigated deeply.
"For example, without any evidence or suggestion by any witness, the Commission divulged into the secret funds of the Embassy in Washington and incorrectly concluded that Haqqani has also objected to illicit funding of US $3 million to politicians by ISI but himself received three times that amount. Similarly that Haqqani criticised the Army Chief for not disclosing the utilisation of secret funds, but he made no disclosure."
Haqqani pleaded that he did not make the policy of the government of Pakistan and thus has no hand in allocating funds to various departments including Pakistani embassies as alleged in the Commission report. He contended that the Commission had also conveniently glossed over the evidence of Mansoor Ejaz where he categorically admitted that he drafted and sent the memo.
"The dangerous assertions made by the witness Mansoor Ejaz in his testimony about Pakistan leadership and its armed forces have also been ignored as they strongly show the rash manner in which this witness makes accusations," he said.
Haqqani alleged that the "bias" and "grinding prejudice" of the Commission was also reflected in several comments made against him, saying his personal history was misquoted and the Commission questioned that he had no property in Pakistan then how could he be appointed as an ambassador to USA.
He claimed that the Commission went beyond its mandate in that it worked as an investigating agency and carried out a roving inquiry without any legal process in Pakistan. "Due process has totally been denied to him," Haqqani contended.
Haqqani added that the Commission presumed him guilty and expected from him to clear his name against the evidence of one man (Mansoor Ejaz) and on a testimony that had several contradictions.
Criticising the findings of the Commission, he said that it was created as a fact-finding probe, as an inquisitorial body but it conducted proceedings in an adversarial manner. He said the Commission had not made serious efforts to find facts in the matter and was content with seeking statement from Mansoor Ejaz and then demanding that Haqqani should appear in person to refute the claims and assertions of Mansoor Ejaz.
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