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Published 16 Jul, 2008 12:00am

Dr Khan case: out of court settlement urged

ISLAMABAD, July 15: The Islamabad High Court on Tuesday urged the federation and Dr A.Q. Khan’s lawyers to amicably settle the issue relating to his detention.

On the directives of Chief Justice Sardar Mohammad Aslam, Dr Khan’s lawyer Javed Jafferi and Deputy Attorney-General Raja Abdul Rehman agreed to meet and discuss the matter. The court heard the main habeas corpus petition and initiated a contempt of court proceeding against the deputy attorney-general for not submitting a reply within stipulated time on making the president and the adviser to the prime minister on interior parties to the case.

The court directed both sides to seek “an amicable solution” by next hearing.

The state requested the court to withdraw the telephone and internet facilities enjoyed by Dr Khan, pleading that “his free interaction … was not in the best national interest and it will not be deemed unreasonable under the peculiar circumstances of the case.” Dr Khan’s lawyer requested the bench to take action against the respondents for not complying with the court’s June 25 orders.

Barrister Jafferi said there was nothing in the four-page reply submitted by the federation which substantiated its stance.

He said if the bench concurred to hear the case in camera, he and his client were willing to appear in the larger national interest under the Article 194 of the Constitution.

The deputy attorney-general, he said, had contended before the court that Dr Khan had not been restricted from meeting his friends and relatives, but his statement had proved to be wrong.

He said the government should explain what it meant by “international repercussions” if Dr Khan’s confinement was ended.

He rebuffed the claim that Dr Khan had made any statement implicating state organs in nuclear proliferation and said “the Japanese news agency had misquoted” him.

“Dr Khan is made responsible for leaking official secrets. Such comments are … mere passing opinions,” he added.

He rejected the use of cellphones, internet and telephone facilities by Dr Khan was against national interest, and said that the nuclear scientist should not be restrained from meeting his relatives and friends and no one should have authority to accord permission for such contacts.

“His health is deteriorating,” he said and expressed dissatisfaction over the quality of medical treatment being given.

He urged the court to form a commission to probe the whole matter.

Ahmer Bilal Sofi, the counsel for the federation, said that no one was disregarding Dr Khan’s contributions, but his statements could have serious international consequences.

He said Dr Khan’s recent statement had affected the country’s relations with Iran, North Korea and Libya. “I have diplomatic comments received from Iran which can be shared with the bench in chamber,” he added.

The lawyer said that during 2004, the government of Pakistan had to “endure hard times”. On the one hand it had to protect its national hero and on the other it had to face international pressure over the proliferation issue.

The counsel cited the inquiry reports furnished by international watchdog bodies over the issue of nuclear proliferation. He said the inquiry had found a nexus between Dr Khan and the group involved in such activities in Dubai, Switzerland and South Africa.

Highlighting the country’s international obligations, he said giving certain relaxations to Dr Khan would mean giving anti-state elements access to vital nuclear information.

Mr Sufi informed that as many as 11 inquiries had been initiated by global watchdog bodies, but they had found no “authentic proof of the involvement of the state of Pakistan in proliferation”.

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