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While resuming on Tuesday the hearing of Rs 7 billion scam of Ephedrine chemical, the Supreme Court issued notices to Premier Syed Yousuf Raza Gilani's recently-elected son Ali Musa Gilani and some top bureaucrats, including Principal Secretary Khusnood Akhtar Lashari, asking them to appear before the court.
The federal government recently issued transfer orders of Regional Director Anti Narcotic Force (ANF) Brigadier Fahim Ahmed Khan and investigation officer Deputy Director Abid Zulfiqar during the adjudication of the case in the apex court. A three-member bench led by Chief Justice Iftikhar Chaudhry also rescinded government's recently issued transfer orders and directed Regional Director Anti Narcotic Force (ANF) Brigadier Fahim Ahmed Khan and Deputy Director Abid Zulfiqar to continue investigation of the case.
The bench categorically said that no order shall be passed by the concerned authorities in the instant matter without the concurrence of the court pending decision of the case. Besides, the bench in its order said: "However, if in the meantime Khushnood Akhtar Lashari, Principal Secretary to the PM and Ali Musa Gillani or anybody else appears to record his statement, he should be examined by providing a fair opportunity and in accordance with law by the concerned authorities".
The court also issued notices to Acting Secretary Ministry of Narcotics Control, former DG Anti Narcotics Force (ANF) Major General Shakil Hussain, Chief Executive of Berlex Lab International Multan Iftikhar Ahmed Khan Babar and Chief Executive of Danas Pharmaceuticals Private Limited Lahooti Group Islamabad Ansar Farooq Chaudhry. A notice to the Attorney General of Pakistan was also issued for the next date of hearing of the case.
At the outset of hearing, Sh. Akram, counsel for Regional Director Brigadier Fahim, apprised the bench that his client was summoned by Khusnood Akhtar Lashari who persuaded him to have a one-on-one meeting and conveyed the Prime Minister's serious concerns on the case. He told the bench that his client did not agree with the Principal Secretary. Consequently, he was transferred along with Deputy Director Abid Zulfiqar.
During the hearing, Brigadier Fahim Ahmed Khan Force Commander, ANF Regional Directorate, Rawalpindi also submitted an affidavit relating to the meeting with Khusnood Lashari and the background of case. He apprised the bench that an FIR No 40/2011 was registered on October 2011 at PS ANF Rawalpindi and a notice was issued to Khushnood Akhtar Lashari to record his statement.
Fahim Ahmed Khan added that he and the IO of the case went to Lashri's office at the PM's House on March 24, 2010 where, on the desire of Lashari, he had a separate meeting with him. Brigadier Fahim in his affidavit wrote: "In response to the notices, I along with Lieutenant Colonel Syed Touqir Abbas Zaidi (Joint Director ANF) and IO Abid Zulfiqar (Deputy Director ANF) went to the office of Mr Khushnood Akhtar Lashari, in PM House on 24th March, 2010 and, on the desire of Mr Khushnood Akhtar Lashari and his assurance to bring the real facts to light, I had a separate meeting with him in his office, where he discussed/conveyed the following to me in a maligning and threatening manner, because he, being one of the Prime (abettor/associate/facilitator) in the case wanted to make full use of his present appointment/office to suppress/distort/misdirect investigation against himself and Ali Musa Gillani."
Brigadier Fahim added: "Khushnood Akhtar Lashari said that father of Ali Musa Gillani is very upset and worried due to the summons issued to him". The affidavit attributed Lashari as stating, "you know, civil military relations have recently improved......... all depends on you (Brigadier Fahim) you can only save from chaos and upheavals." The affidavit further noted that Lashari "in a sarcastic manner and meaningful expression (stated) that ANF is being commanded and controlled by army officers...(Lashari) asked to spare Ali Musa Gillani, his Islah will be done. This is a matter of national interest."
The affidavit further added, "In this regard, since then, many prejudiced, unfair and unwarranted actions have been taken by different state departments which confirms the practical manifestation of above mentioned threats and his heinous/malicious design to sabotage the investigation by one way or the other". The bench adjourned hearing of the case till April 20.

Copyright Business Recorder, 2012

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