ISLAMABAD - The commission set up to probe the authenticity and purpose of drafting of the memo for delivering it to Admiral Mike Mullen, the then chairman of the US joint chiefs of staff, said Husain Haqqani was the originator and architect of the document.
A nine-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Mian Shakirullah Jan, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain, Justice Tariq Parvez, Justice Asif Saeed Khan Khosa, Justice Amir Hani Muslim, Justice Ijaz Ahmed Chaudhry and Justice Sh. Azmat Saeed heard the case regarding the alleged memorandum to Admiral Mullen by Haqqani.
During the proceeding, the commission submitted its report in a sealed cover along with five sealed envelopes and minutes of the proceedings.
The chief justice unsealed the report in the open Court and handed over to Attorney General Irfan Qadir for reading the final conclusion/findings of the commission.
The court directed Haqqani to appear in person before the court on the next date of hearing in order to answer the findings, recorded by the judicial panel. Haqqani was allowed to leave the country with the commitment vide an order dated 30.1.2012 that whenever the court requires, he will appear in person within a period of four days. “We direct his presence on the next date of hearing, which shall be intimated by the office according to the rules.”
The court stated that Haqqani by offering his services as part of a proposed ‘national security team’ to a foreign government, voicing the ‘great fears’ that ‘Pakistan’s nuclear assets are now legitimate targets’ and thus seeking to bring ‘Pakistan’s nuclear assets under a more verifiable, transparent regime,’ stating that ISI maintains ‘relations to the Taliban’ and offering to ‘eliminate Section S of the ISI and to help ‘pigeonhole the forces lined up against your interests’ created fissures in the body politic and were acts of disloyalty to Pakistan, that contravened the Constitution of Pakistan.
“There can be no two views that terrorism must be contested, terrorists fought, nuclear proliferation opposed, civilians (and not the military) determine foreign policy and the ship of State guided by civilian hands at the helm; however, what is not acceptable is for Pakistan’s ambassador to beseech a foreign government to with impunity meddle in and run our affairs.”
The bench added: “We may observe that Haqqani has chosen not to live in Pakistan, has been working in USA, where he appeared to have made his life, held no property or asset in Pakistan, held no money (save a paltry amount ) in a Pakistani bank, but despite having no obvious ties to Pakistan was appointed to the extremely sensitive position of Pakistan’s ambassador to the USA, and in addition to being paid a salary and accompanying emoluments was handed a largesse of over an amount of two million dollars a year.”
The bench further ordered making the report public said, “As notices of the report have to be issued to all the respondents, therefore, case is adjourned for a period of two weeks.”
The Supreme Court on December 1, 2011 had constituted a commission headed by Balochistan High Court Chief Justice Qazi Faez Isa also comprising Justice Iqbal Hameed-ur-Rehman, Chief Justice Islamabad High Court, Justice Mushir Alam Chief Justice Sindh High Court, while Raja Jawwad Abbas Hassan, the district and sessions judge Islamabad, was appointed as secretary to the commission to probe the matter.
The purpose of the memorandum was to show that the civilian government was friends of America, but needed to be strengthened to prevail upon the army and the intelligence agencies, and to be able to do so American help was required to set up a civilian national security team, to be headed by Haqqani, the report said.
“As far as remaining sealed envelopes containing documents, noted above, are concerned, same are ordered to be kept in the safe custody of the Registrar and any of them shall be opened, if need be, during the proceedings of the case,” the nine-member bench added.
Haqqani squealed to US: Inquiry