Memogate scandal: Can Pakistan refuse US request for handover of oath violator?

ISLAMABAD: The Director General of the Federal Investigation Agency (FIA) revealed on Wednesday in the Supreme Court during the Memogate case hearing that he took up the matter of Husain Haqqani’s repatriation but they said that Pakistan also had one of their people in custody.

The DG FIA submitted before the court that he had discussed the case of Husain Haqqani with the Americans but they said they also had one of their people in custody.

Bashir Memon told the court that he had showed the Americans the red warrants for Haqqani. "Did the US government refuse to hand over Haqqani?" the CJP questioned. "So if a US citizen gives a statement under oath to the US Supreme Court and does not appear in front of the court and if the US asks for him, Pakistan can also refuse to hand him over," the CJP thundered.

A three-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, resumed hearing into the Memogate case. Bashir Memon, Director-General of the Federal Investigation Agency (FIA), appeared before the court.

The CJP asked DG FIA as to whether the US government had refused to hand over Husain Haqqani and who would ask the US that Haqqani had assured the Supreme Court of Pakistan of his return, adding that whether a violation of oath is not a crime.

He further submitted that the Interpol had asked for more information for red warrants, adding that they had told the Interpol that the cases against Husain Haqqani were not politically oriented.

He further told the court that they were in regular contact with the Interpol authorities for issuing the red warrant. He informed the court that the Interpol had five Indian officers adding that there was no Pakistani official over there.

Meanwhile, the court appointed Ahmed Bilal Soofi advocate as amicus curie in the matter and adjourned the hearing for date-in-office (indefinite period). It is pertinent to mention here on April 30, a story appeared in The News wherein it was disclosed that the International Criminal Police Organisation (known as Interpol) had turned down the FIA request to issue arrest warrants for Husain Haqqani, who is now based in Washington.

The News had received an official copy of the Interpol letter that confirmed that it had not issued an arrest warrant for Haqqani and that he’s not a person of interest to Interpol. “The Interpol General Secretariat hereby certifies that as of today (April 18, 2018), Husain Haqqani, born on July 1, 1956, is not subject to an Interpol Blue Notice or diffusion and is not known in Interpol’s data basis,” a letter issued by Interpol’s office of legal affairs says.

The Interpol confirmed it had issued the certificate on the request of Haqqani’s lawyer amid newspaper reports in Pakistan that FIA DG went to Interpol headquarters in Lyon to seek warrants for his arrest.