ISLAMABAD - The Supreme Court on Tuesday rejected Musa Gilani’s plea that he had been targeted for being the prime minister’s son and the case be assigned to any other official, as he had no confidence in Anti-Narcotics Force (ANF) Director General Brigadier Fahim Ahmed Khan, who was the investigation officer in the matter.
The junior Gilani in a 12-page statement, submitted through his counsel Salman Akram Raja, expressed dissatisfaction over the conduct of Fahim, alleging that his continued involvement in the case would be prejudice against him.
Chief Justice Iftikhar Muhammad Chaudhry, who is heading a three-member bench also comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, asked the defence counsel that the evidence should only be undertaken by the trial court.
“In the order dated 20 April we have asked the ANF authorities to conduct the investigation of the case fairly, independently and transparently and do not malign anyone unnecessarily in view of the importance of the case.”
The chief justice said it was very serious issue, which brought disgrace to Pakistan. The court issued a notice to Ministry of Narcotics Control Acting Secretary Zafar Abbas Lak after being informed that he had become very active in the investigation .
It noted Zafar Abbas got involved in the investigation and he also took over the charge of the ANF DG after assuming the office, adding that he had also transferred the then director Brig Fahim and Deputy Director Abid Zulfiqar by amending the SRO allegedly in back dates. Justice Jawwad remarked why the acting secretary had transferred the investigation officers. “We are here to find out truth,” he added.
During the proceeding, Brig Fahim said probe could not be completed due to non-availability of some of the persons involved in the crime as they were out of the country. He said hindrances were created in the investigation and the list of the persons visiting the PM’s House had not been provided so far.
Fahim further said Khushnood Lashari, the principal secretary to the prime minister, did not fully cooperate with the inquiry team. However, the court directed the ANF to provide fair opportunity to Lashari in joining the investigation .
Fahim and Abid Zulfiqar said it had been noticed Tanvir Ahmed, who worked as deputy director in Ministry of Health, was pressurised and compelled to give statement in favour of Khushnood Lashari. Zulfiqar also told that the FIA bundled up Tanvir and produced him before the magistrate Kamran where his statement was recorded under section 164 CrPC in the FIR No 40. The court observed if desired, the ANF could submit application mentioning the facts given by Tanvir Ahmed. Salman Raja representing Khushnood Lashari and Musa Ali Gilani denied the facts narrated that Lashari in a meeting with Fahim had asked him to remove the name of Musa Gilani from the case and they would ruin the two accused pharmaceutical companies.
Justice Jawwad, while addressing Raja, remarked he was accepting that a meeting took place between Lashari and Fahim at the PM’s House but not divulging the content of the discussion.
Brig Fahim told the court that out of a total of 9,000 kg of imported ephedrine, 6,500 kg was given to Berlex and 2,500 kg to DANAS pharmaceutical companies, adding that the DG Health Ministry gave permission for the import.
He further said according to the INCB, 6,400 kg ephedrine was seized in Iran and 750 kg ephedrine in Iraq that smuggled to in those countries from Pakistan. He said 200 kg ephedrine was seized in Karachi.
Salman Raja said the issue took place on 23-03-2010 but at that time ANF did not take any notice of it. But Fahim said an FIR 40 was registered against the accused in October 2011, when the 25 companies, to whom the quota was not provided, made a hue and cry and former health minister Makhdoom Shahabuddin raised the issue in the Parliament.
The court again issued notices to the respondents, mentioned in Sheikh Rashid petition, as they had not filed replies. Later, the bench adjourned the hearing for three weeks.