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AQ Khan may move SC against ‘detention’

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ISLAMABAD: Nuclear scientist Dr AQ Khan is said to have hired the services of two top lawyers of Islamabad to challenge the decision of President General Pervez Musharraf in 2004 to detain him on charges of nuclear proliferation without proving them in any court of law.

General Musharraf would be directly accused in the petition of backing out of the “promises”, which he reportedly had made with AQ Khan at the time of seeking his favour to confess to his “crimes” in a televised address to “save” Pakistan from dangers to its existence.

The PM’s Advisor on Science Prof Attaur Rehman has already secretly met Dr AQ Khan at his residence at E-7 to stop him from taking such a step, after the secret agencies brought this explosive development into the notice of the government.

The current judicial activism is understood to have encouraged Dr AQ Khan to move the court. When contacted by ‘The News’, Dr Rehman confirmed on Tuesday that he had met AQ Khan recently at his residence. But he denied that his meeting with the nuclear scientist was part of the government attempt to stop him from moving the Supreme Court. He termed it a personal meeting with an “old friend” whom he respected a lot. He also denied that he had played any role in helping Dr AQ Khan earn some concessions from the government in the recent days after he threatened to move the Supreme Court.

Before going to Karachi recently to stay with his sister there, Dr AQ Khan is said to have asked his lawyers in Islamabad to prepare the petition as he thought that he was detained without any trial and that the government had failed to establish his crimes in the court of law.

AQ Khan’s case in the Supreme Court would be the fourth big case in the last six months. The other three cases, which created political ripples in the recent months and might change the whole political landscape of the country, included the reinstatement of the chief justice of Pakistan, allowing the Sharif brothers to return to the country, and Qazi Hussain Ahmed’s petition challenging the two offices of General Musharraf.

Sources said Dr Attaur Rehman, who has been a great beneficiary of his friendship with Dr AQ Khan in the past, was assigned the job of persuading a determined AQ Khan not to approach the superior court at this very critical moment, particularly when General Musharraf himself is under mounting judicial and political pressure. But despite the offer of certain concessions, AQ Khan is understood to have, so far, not given any positive reply. Sources said Dr Attaur Rehman has also played an important role in helping Dr AQ Khan win certain concessions and his recent long trip to Karachi was part of these new “confidence-building measures” being offered by the Musharraf government to stop AQ Khan from moving the Supreme Court.

Meanwhile, sources said, the two lawyers were now giving final touches to the extraordinary petition. “It is now only a matter of time. The case is almost ready and it can be submitted in the court any time,” claimed a top source aware of all these developments.
 
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