ISLAMABAD: The Supreme Court on Tuesday directed Attorney General for Pakistan (AGP) to arrange Dr Abdul Qadeer (AQ) Khan's meeting with his counsel. A three-judge bench, headed by Justice Mushir Alam, which heard the case, asked the AGP to try to resolve the issue and arrange Dr AQ Khan's meeting with his lawyers.
Justice Faisal Arab noted that this is a national issue and also a matter of an individual's fundamental right. He said that media should report this case with utmost care. The AGP, Khalid Jawed Khan, proposed to the bench to hear both sides in the chamber.
Justice Yahya Afridi stated it will not be appropriate to hold an in-camera meeting in the chambers. He advised the AGP to sit with Dr AQ Khan and discuss the issue. He said Dr Qadeer should realise that the government also has its limitations.
Justice Mushir Alam said if Dr AQ Khan needs some concession then the government should hear him. He said that he should inform the government what kind of facilities he wants for himself. Taufiq Asif, the counsel for the nuclear scientist, told the court that his client is not permitted to meet even his relatives. He said: "I would play a positive role to amicably settle this matter."
Justice Mushir remarked that Dr AQ Khan is an intelligent person, adding that if the government will talk to him then certainly there will be a positive outcome.
The AGP said "Dr AQ Khan is a national hero and his services for the country cannot be ignored." The case was adjourned for three weeks.
The counsel for Dr Qadeer had submitted in the last hearing a hand-written letter of the scientist, wherein he stated: "In my previous petition in the Islamabad High Court, I was forced to sign my alleged consent in the said case which was not with my free will and consent. In such a situation I don't expect any legal remedy from the High Court. Therefore, I request that my fundamental rights may be safeguarded by this august court."
The AGP had objected to the wordings of Dr AQ Khan's letter, and requested the bench not to make this letter part of court's record.
During the course of proceedings, Justice Yahya Afridi, addressing Dr Qadeer's counsel said: "there are three options for you; first is to argue the petition; second is to withdraw it; and third is to file another petition under Article 184(3) of Constitution." He asked the nuclear scientist's counsel that if Dr Qadeer wanted this case be heard then he has to assist the court.
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