Musa Gilani loses Round 1 of drug case

The Supreme Court on Tuesday rejected an application by Ali Musa Gilani seeking replacement of the investigation officer in the ephedrine chemical quota allotment case, and sought an explanation from Ministry of Narcotics Secretary Zafar Abbas Luk for his alleged meddling into the investigation being conducted in the ephedrine case involving the son of Prime Minister Yousaf Raza Gilani.
A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain issued notices to Zafar Abbas Luk to explain his position at the next date of hearing about his interference in the investigation of ephedrine quota case.
The court ordered a fair and transparent investigation into the ephedrine scam, being conducted by Brigadier Fahim, director of Anti-Narcotics Force (ANF).
The court directed Brig Fahim to continue with the probe in a fair and transparent manner.
During the hearing, Brig Fahim informed the court that some hurdles were being created in the investigation. He said he had not yet been provided the required record and information of the ephedrine scam.
The court directed him to move in accordance with law in consultation with his counsel against such impediments. The chief justice noted that the law empowered him (Fahim) to elicit all details of the case.
Brig Fahim told the court that investigation had not yet been completed due to non-availability of some accused involved in the crime, as they were out of the country. He said two accused had already fled the country as their names were not included in the exit control list (ECL) in time despite his clear demand in this regard. The chief justice noted that the Ministry of Narcotics acting secretary had intervened in the investigation.
He said just after assuming the charge as ANF acting director general, he (Luk) amended the SROs and transferred Brig Fahim.
The court recalled its April 10 and April 20 order and ruled that “at this stage it was not possible to draw conclusion of the conduct of the acting secretary narcotics, however, it could be considered and examined”.
The court also issued notices to Luk to explain his position in black and white before the next hearing.
At the onset of hearing, Brig Fahim and Zulfiqar Ahmed pointed out that Tanvir Ahmed, health deputy director general, was being pressurized and compelled to sign the documents in which quantity of the substance (ephedrine) had been written to save Khushnood Akhtar Lashari.
The court noted that according to Zulfiqar Ahmed, Tanvir Ahmed had also been produced before Magistrate Kamran for getting his statement recorded.
The court directed that if desired, the ANF might submit an application mentioning the facts received from Tanvir Ahmed.
Salman Akram Raja, counsel for Khushnood Akhtar Lashari and Ali Musa Gilani denied the contentions mentioned by Brig Fahim in his affidavit. He said Lashari had never asked Fahim to spare Ali Gilani from the investigation.
He, however, accepted that a meeting between Khushnood Akhtar Lashari and Brig Fahim had taken place.
Brig Fahim stated that he was determined to conduct a fair and transparent investigation of the case and had asked Lashari to join the investigation.
He contended that he had already contacted Lashari besides visiting his office four times, however Lashari came to the ANF office once.
The chief justice observed that “they had to respect the dignity of the country irrespective of whosoever was involved in the case”.
Justice Jawwad S Khawaja remarked that “we are here with the same objective that at least facts of the case should be ascertained”.
Justice Jawwad Khawaja observed that the issue was raised on the floor of parliament and later came to the court, which had already ordered investigation into it, how could Luk dare to intervene and meddle in the investigation.
When Salman Akram Raja was referring to an affidavit of Brig Fahim, Justice Khawaja told him that the court was not conducting a trial but just finding the truth. He said arguments from both sides would be heard and cross examined. He questioned how Luk plunged into the issue and interfered in the investigation.
To a court query, Brig Fahim stated that in lieu of former minister Sheikh Rashid’s petition, they had started investigating against 18 companies. Giving overall details, he said of the 99 companies, 60 to 70 companies were being supplied ephedrine. He recalled that no company could be supplied the chemical (ephedrine) more than 500kgs. He contended that M/s Berlex got 6,500 kg, while M/s Danas got 2,500 kg.
The chief justice asked Fahim whether these companies had consumed it. Brig Fahim then stated that 6,400kgs was confiscated in Iran, 750kgs in Iraq and around 200kgs was seized in Pakistan.
He further told the court that since 2006 to 2009, a total of 13,500kgs were issued, adding that in 2010, about 1,000kgs was issued to Ameer Pharma in Lahore.
To a court query that as to who was responsible for issuing the quota of such chemical, Brig Fahim replied that Health DG Rasheed Juma was responsible for it.
Meanwhile, the court while referring to concise statement filed by Ali Musa Gilani, stating that there was no evidence against him, ruled that it had to be undertaken by the trial court and not by the apex court.
The court noted that it had already observed that the investigation team should ensure a fair and transparent investigation in the matter providing fair opportunity to all the concerned persons, thus the same observation was being reiterated.
The court also re-issued notices to the respondents in the Sheikh Rashid’s petition and adjourned further hearing for three weeks.