Memogate Scandal On SC Radar Again

The Memo Commission in its 121-page report had concluded that Husain Haqqani was the architect and originator of the memo, termed his acts ‘disloyalty to Pakistan’ besides describing him as a kind of character who could not be trusted and was full of double standards.

As the Chief Justice of Pakistan (CJP) on Monday sought files of the pending case of the Memogate scandal after a lapse of over five years, the Memo Commission had found Husain Haqqani as a person held the Constitution and the law of his own country in utter contempt besides dishonouring his own undertaking, violating the order of the apex court and disobeying repeated orders of the commission.

While hearing a case in the apex court on Monday, the CJP said, “Why don’t we take notice of his (Husain Haqqani) absence and summon him back to the court to face charges.”

The memo case is pending before the apex court since 2012 when Justice Qazi Isa-led three-member commission had submitted its report to the Supreme Court but the case could not be pursued because of Haqqani’s absence. He had committed to come back and face the charges but never returned.

The commission report, which has not yet been discussed by the apex court, was a complete charge sheet against the former ambassador of the last PPP government. As against the perception created by some that Memogate had no grounds, the commission found it as act of disloyalty to Pakistan.

On the basis of evidence collected and testimonies undertaken by the commission, the report had unambiguously said, “(2) It has been incontrovertibly established that the memorandum was authentic and Mr Haqqani was the originator and architect of the memorandum. Mr Haqqani sought American help, he also wanted to create a niche for himself by 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 United States, and therefore his loyalty could only be to Pakistan. (3) Mr 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 his seeking to bring ‘Pakistan’s nuclear assets under a more verifiable, transparent regime,’ stating the ISI maintains ‘relations to the Taliban’ and offering to ‘eliminate Section S of the ISI’ and to help ‘pigeon-hole the forces lined up against your (US) interests’ created issues in the body politick and were acts of disloyalty to Pakistan that contravened the Constitution of Pakistan. (4) 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 Mr Haqqani………(6) We may observe that Mr Haqqani had chosen not to live in Pakistan, had been working in USA, where he appeared to have made his life, held no property or asset in Pakistan, held no money 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 two million dollars a year.”

The commission report also had reflected on his career and said that Mr Haqqani started his political life as a member of Jamaat-e-Islami; at some stage gained the confidence of Nawaz Sharif and made his debut into public life as the special assistant to the chief minister; also served as special assistant to the caretaker prime minister Ghulam Mustafa Jatoi; later became special assistant to Prime Minister Nawaz Sharif, who after some time appointed him as ambassador to Sri Lanka; after that he fell out with Nawaz Sharif and became chairman of Urban Democratic Front and spokesman for Pakistan Awami Ittehad; again switched his political allegiance, finding a patron in late Mohtarma Benazir Bhutto; then left Pakistan and took up employment and permanent residence in USA; and then during the present regime got his next and by far the most important job as Pakistan’s ambassador to USA.

About the turns and twists of Haqqani, the commission reported: “(a) Mr Haqqani advocated double standards; (b) Mr Haqqani, who is subject to the Constitution and laws of Pakistan, disregarded them; (c) Mr Haqqani violated the terms of his contract, the law and the rules governing government/civil servants that he had specifically agreed to abide by; (d) Mr Haqqani gave a solemn undertaking to the Hon’ble Supreme Court, that he would present himself before the commission on four-day notice, but violated his undertaking; (e) Mr Haqqani travelled by air when it suited him, but stated that he could not undertake air travel because of medical reasons, and; (f) Mr Haqqani took the plea that his security was under threat but did not support it with any material.”

The Memo Commission in its report, however, noted that there was no evidence to prove the involvement of President Asif Ali Zardari in Husain Haqqani’s act of disloyalty to Pakistan.

Though otherwise the testimony, evidence and conduct of Mansoor Ijaz was appreciated by the commission; in case of the President Zardari it noted: “a) Mr Ijaz failed to satisfy us that Mr Asif Ali Zardari had prior knowledge of the memorandum, let alone having authorised it, and conceded as much in his answers to the questions put by the commission; b) No evidence was produced before us that would indicate that the President of Pakistan, Mr Asif Ali Zardari had either authorised the preparation of the memorandum or directed that it be sent to the American administration; c) It is also our considered view that Mr Haqqani led Mr Ijaz into believing that memorandum had the authority of Asif Ali Zardari, the President of Pakistan.”

However, the commission expressed its extreme surprise that neither Haqqani (through his counsel or himself) nor the attorney general cross-examined Mansoor Ijaz on his assertion regarding the involvement of President Asif Ali Zardari in the Memogate.

(Published in Monthly Tribute International on 01-02-2018)