Faisal Kamal Pasha
Saturday, April 07, 2012
ISLAMABAD:
The three-member judicial commission formed to probe the memo
controversy gave another opportunity to Pakistan's former ambassador to
the US, Husain Haqqani, to show up on April 12 for cross-examination and
remarked that it would not mind if Haqqani had to be arrested in order
to be produced.
The commission also discussed available options of adverse action against Husain Haqqani, including arrest warrants, attachment of his property, initiating contempt of court proceedings and lodging an FIR.
The legal counsel for PML-N chief Nawaz Sharif, Advocate Mustafa Ramday, reminded the commission of the option of issuing red warrants through the Interpol. Advocate Zahid Bukhari, however, said no adverse action could be taken against his client as per law. Bukhari also produced a letter before the commission in a sealed envelope in which the threats extended to his client were detailed.
Upon the request of Advocate Akram Sheikh, the counsel for US businessman Mansoor Ijaz, the commission also directed the Foreign Affairs Ministry to produce the record of discretionary or secret funds allocated to Husain Haqqani to be used for various diplomatic functions. The commission sought this record from the month of April to December 2011.
Akram Sheikh stated that Haqqani utilised secret funds during the months of October and November for his cover-up efforts regarding the memorandum controversy. Advocate Sheikh also told the commission that $2 million funds were left with the Pakistan's Embassy in the US.
Zahid Bukhari protested and said secret funds had nothing to the do with the scope of the inquiry. The commission, however, suggested it would see the details of secret funds in camera and if it found any relevance, then the details would be brought on record.
The commission comprising Balochistan High Court Chief Justice Qazi Faez Isa, Sindh High Court Chief Justice Musheer Alam and Islamabad High Court Chief Justice Iqbal Hameedur Rehman approved the suggestion of legal expert SM Zafar not to take any coercive measures against Husain Haqqani before raising the issue of his appearance before the commission with the government.
The commission also directed the government to ensure Haqqani's appearance before the commission at the next date of hearing through the ministries of interior and foreign affairs.
The commission directed the government to send notices to Haqqani at his residence in the US and also at his office address. The commission further directed Haqqani to produce his BlackBerry handsets and also produce a consent letter regarding the waiver of his privacy rights to Research In Motion (RIM), a Canadian based BlackBerry service provider. The commission directed Haqqani to write the above-mentioned letter to the RIM within 24 hours and produce a copy before the commission.
The commission started its proceedings here on Friday with administering oath to DG (Americas) Sohail Khan. The Foreign Office representative also submitted the job contract letter of Husain Haqqani and produced a booklet titled 'Pakistan's representatives abroad' containing directions for the ambassador. The Foreign Office submitted this booklet after the commission had directed it at the previous hearing to produce any guideline principles for ambassadors deputed abroad. The DG (Americas) also provided to the commission details of Husain Haqqani's visit from Washington to London from May 5, 2011 till May 9, 2011.
The Foreign Office representative told the commission that the BlackBerry handsets of Husain Haqqani were the property of the Government of Pakistan. Haqqani purchased these sets himself for $806 and later the government reimbursed him the amount. The foreign officer representative also produced receipts of the phone sets before the commission. He told the commission that regardless of a career or a non-career diplomat, the government service rules, official secret act, civil government specifications and civil service regulations were applicable to all ambassadors.
Every ambassador has been allocated with a particular amount to pay his telephone bills. In case the amount of bill exceeds the limit, the ambassador pays from his own pocket.
The commission asked Foreign Office representative whether BlackBerry handsets were the property of the Government of Pakistan, were they lost, and was there any departmental inquiry procedure. The Foreign Office told the commission that in case the government property was lost, the holder of the property had to prove whether it was not due to his negligence. Otherwise, he has to pay the money.
The commission then inquired if Haqqani had reported the loss of his BlackBerry handsets, upon which the Foreign Office representative replied that he had to check this. He said an ambassador was supposed to hand over government property to the chancellery before leaving. DG (Americas) also told the commission that according to the secret reports of the Foreign Office, Haqqani did not meet with Mansoor Ijaz.
After the commission asked Advocate Bukhari whether or not his client had given the waiver of his privacy rights as per directions on April 5, the counsel said his client had told him that he needed to discuss the matter with his legal counsels in the US.
The commission on Thursday also sought legal assistance from the legal counsel for former DG ISI Ahmad Shuja Pasha, SM Zafar. The commission asked SM Zafar if foreign nationals involved in the matter, including Gen James Jones and Admiral Michael Mullen, could be sent interrogatories. SM Zafar, amicus curiae (friend of the court), advised the commission that notices could be sent to the above-mentioned for assistance to the commission instead of interrogatories. "In case they do not reply, the material published about them should be considered right," Zafar said.
The commission told the attorney general that as per the advice of SM Zafar, it should take up the matter of Haqqani's appearance before the commission with the Government of Pakistan. The commission observed that the Government of Pakistan was also part of Husain Haqqani's undertaking submitted before the Supreme Court where Haqqani had ensured that he would appear before the commission at four-day notice. The commission said when Haqqani had submitted his undertaking before the Supreme Court, the attorney general, representing the federal government, had raised no objection to allowing Haqqani to travel abroad.
The AG then told the commission that it could take any procedure to ensure Haqqani's presence before the commission. The commission then said the AG was part of that undertaking. The AG said the presence of Haqqani was not the requirement of the Government of Pakistan but it was a requirement of the Supreme Court and the commission.
The commission then asked the AG why he could not produce Haqqani, upon which the AG said: "The person was not handed over to us." The commission then observed that it would be an insult to the authority of the Government of Pakistan and damage the country's image if Haqqani did not turn up.
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