Chief Justice of Pakistan Justice Asif Saeed Khosa during a hearing of the so-called memogate case disposed the petition that had been pending for years. The CJP remarked: “are the state of Pakistan, armed forces and our Constitution so weak that they can be frightened by a memo?” While disposing the case, the CJP added that the Supreme Court had nothing to do with this matter anymore and it was upto the government authorities if they wanted to pursue the matter further.
The seven-year old case was originally about the provenance of a memo sent by a U.S. citizen, Mansoor Ijaz, to the head of U.S. armed forces. Ijaz claimed he had sent the memo at the behest of the then civilian government. The then opposition took a petition to the Supreme Court, claiming the memo had compromised national security. A commission created to ascertain the provenance of the memo pointed the finger at former ambassador to the U.S, Husain Haqqani.
Haqqani refused to appear before the Commission and subsequently the court on asked the government to bring Haqqani back by any means. The Interpol refused to act and later new charges were filed to make this issue into a case of criminal liability.
Both Ijaz and Haqqani were respondents in the original petition. Former prime minister, the main petitioner later regretted his decision. There were many other respondents, too. Even if the government restarts the process, it is unlikely that Interpol will force Haqqani to return and extradition by the US on charges filed seven years late.
The memogate case sadly is just another example of the favourite pastime of executive authorities in Pakistan, i.e. deflecting public attention from the serious issues faced by the country.
The SCP should be commended for a clear position on this matter. We hope that the government will follow suit and stop pursuing issues that lead to a waste of time and resources. There are far more pressing issues that need immediate attention. For instance, the huge backlog of cases in the courts and the misconduct of police that in recent months has spurred public outcry, to name a few. It is time that reforming the criminal justice system becomes a priority for all concerned.
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