Memogate case disposed of

The Supreme Court on Thursday disposed of eight-year-old suo motu on the Memogate scandal, saying it has nothing to do with the case but the State is free to bring former Pakistan Ambassador Hussain Haqqani back to Pakistan from the US if it wishes so. Former Prime Minister Nawaz Sharif, leaders of Pakistan Muslim League-Nawaz, Advocate Tariq Asad, Wattan Party and many others had filed petitions to probe delivering of a memo to ex-US Admiral Mike Mullen through Mansoor Ijaz.
Chief Justice Asif Saeed Khan Khosa, heading a three-member special bench, observed that neither the petitioners appeared nor any application for the adjournment of the case was filed. "If none of the petitioners has showed up then why are we here?" he questioned. 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.
The additional attorney general said, "This case has a lot of sensitive matters." Upon that Justice Khosa questioned whether democracy and armed forces of Pakistan were so weak that they could collapse because of the memo, asking: "Does the State still feel threatened?" The court noted that this matter has been pending for the last eight years. The court had formed a commission to probe the memo and the commission had given its recommendations.
The apex court on 1st December 2011 had formed a commission, headed by Justice Qazi Faez Isa, and comprising 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 findings of the commission, "It has been incontrovertibly established that the memorandum was authentic and Haqqani, former Ambassador of Pakistan in the US, was the originator and architect of the memorandum. Haqqani sought 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."
Haqqani was allowed to leave the country with the commitment vide order 30.1.2012 that whenever the Court requires his presence, he will appear in person within a period of four days. However, he never turned up despite court's notices.
In March last year, the then Chief Justice Mian Saqib Nisar made efforts to bring back Haqqani after a case of embezzlement of over $2 million was registered against him. The former Pakistan envoy to the US termed the reopening of the case a 'political gimmick.'
The Chief Justice noted when the matter was brought to the Supreme Court, there were allegations against the then government and ambassador. "Now neither that government nor the ambassador is in power and thus the current government should do as it deems fit," he said. "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 further said. He inquired how and why the Supreme Court came in this whole matter.
Justice Khosa directed, "If someone has committed high treason, the State should conduct an inquiry." Giving this observation, the bench disposed of the matter.