The Musa Gilani affair

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No highhandedness or underhandedness

The arrest of Ali Musa Gilani at the gate of the Supreme Court by over-zealous ANF officials is a case of sheer highhandedness. Had the ANF been more efficient, it could have arrested the accused earlier from wherever he was hiding. To waylay him outside the court where he had come to seek pre-arrest bail in the ephedrine case was in violation of the accused person’s right to approach the court. Gilani was not only dragged out of his car but also handcuffed before being whisked away, indicating that the force not only wanted to arrest him but also to humiliate him.

The ephedrine scam in which Ali Musa Gilani is allegedly involved is a highly serious case. The way the ephedrine quota of 9,000 kilograms was given to two companies exceeding the permissible limit of 500 kilograms not only raised concerns at home but also abroad as this was a blatant violation of the 1998 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. It has been claimed that the drug was also smuggled to Iran. If the charge turns out to be true, it would add an ominous dimension to the case. The ANF maintained before the Supreme Court in June that this was the first ever mega narcotic offence in Pakistan. Further, the crime could not have been committed without the alleged involvement and patronage of the state machinery, including the prime minister’s principal secretary, the health minister, secretary health and the PM’s son.
There is a need to pursue the case efficiently to punish all those who are found to be involved in the crime irrespective of their status. Unless the big guns are made to account for their misdeeds, there is no hope of ensuring the rule of law. The means adopted to achieve the end have however to be strictly in consonance with law. Nothing should be done that creates the perception of partiality or vindictiveness on the part of the investigation authority. While Ali Musa was released and granted bail by the SC which ordered his immediate production, the action by the ANF would raise doubts about the organization’s fairness.
Most of the major scams reported during the last four years have involved big businessmen and important figures in society. Scions of the high and mighty have been involved in some of the scandals. One expects that the investigation against the accused would be conducted even-handedly and transparently. Any perception that special treatment was being given to anyone would raise questions about the quality of justice being meted out.