ISLAMABAD -  The Supreme Court on Tuesday directed the Federal Investigation Agency to take necessary steps for framing rules to bring back former ambassador Hussain Haqqani from the United States.

The top court granted three weeks’ time to the FIA to frame rules and directed the agency to submit the draft to the court.

A three-judge bench headed by Chief Justice Mian Saqib Nisar issued the directives during the hearing of the Memogate case.

Advocate Ahmer Bilal Sufi, who assisted the court as amicus curiae, explained that the matter of summoning Haqqani would not be fruitful until and unless rules were first framed.

He informed the court that there were two aspects of the case including the specific fact relating to the investigation and the other regarding structural reforms.

He said that rules should be framed to enable the FIA to approach the US authorities for the cases like the extradition of Haqqani.

Sufi further said that the FIA needed to be empowered for structural reforms so that it could also approach foreign authorities through the mutual legal assistance treaty (MLAT) for the extradition of criminals.

Justice Nisar observed that Haqqani had submitted an undertaking regarding his return but now he was not coming back to Pakistan

Sufi responded that the lack of rules were one of the main obstructions and that was why he could not be brought back.

The top court directed the FIA to take necessary steps to frame the rules and submit its draft within two weeks.

In 2011, Haqqani allegedly delivered a memo to former US chairman of the Joint Chiefs of Staff Admiral Mike Mullen through Mansoor Ijaz, allegedly seeking the US support to the Pakistani civilian government against the military establishment after May 2 raid in Abbottabad.

On January 29, the chief justice while hearing a case regarding the right of vote to overseas Pakistanis had summoned details of the Memogate case.

Earlier, the court was informed that an FIR had been registered against Haqqani and red-warrants had been issued from the courts.

The FIR registered on March 10, 2018 states: “It revealed that accused Hussain Haqqani during his posting as ambassador of Pakistan in the USA (from May 2008 to November 2011) in collaboration with other concerned officers/officials misused his official position, committed cheating, criminal breach of trust and misappropriated approximately USD2 million of national exchequer of Pakistan per year dishonestly and fraudulently.”

During the investigation, the Ministry of Foreign Affairs confirmed the release of USD 4.1 million from August 18,  2008, to November 15, 2011. While the bank records of the accused and information about his dual nationality are awaited, a considerable portion of the relevant oral and documentary evidence has been brought on the record.

The accused being abroad since January 31, 2012, as per IBMS record, his warrant of arrest was obtained from the court of law on 22nd March 2018 and sent to Director FIA Sindh and the Ministry of Foreign Affairs for execution.

The inquiry of the FIA further transpired that Haqqani with the criminal intent manipulated the government funds, causing a huge wrongful loss to the government exchequer. Accordingly, a case is registered against Haqqani, the FIR says.

“The role of other involved in this crime of embezzlement will be thoroughly thrashed out during the course of the investigation,” it further says.

“Further investigations are underway and will be finalized on receipt of relevant documents and record from the concerned quarters inclusive of the Ministry of Foreign Affairs, Islamabad,” the FIR reads.

According to FIA Director General Bashir Memon, Interpol Secretariat General had sought additional information for the issuance of the red-notice to Haqqani.