Will Khan be back?
posted Monday November 3, 2008 under pakistan, proliferation-networks by andreas_persbo
Do not worry, Captain Kirk. It’s not that Khan.
Islamabad’s parks, houses, hotels and palaces are poured into the lowland between the Margala Hills. It’s a remarkably organized place with straight avenues, green and leafy side streets, bustling shops and a heavy military presence.
This time of year, the weather is pleasant, and the quicksilver is hovering around 20 degrees Celsius during the day. In summers, however, the heat is stifling. Residents tend to keep the engine running with the air-conditioning on when they stop for short errands. The houses are cool as long as the electricity works, but it’s prone to fail. The country’s power plants cannot keep up with demand. The electricity shortfall stood at some 7000 megawatts last months, and beleaguered residents faced a 30 per cent hike in energy prices before the government backtracked last month.
While Pakistan faces unprecedented financial challenges and a deteriorating security situation, one man is fighting a battle of his own. Abdul Qadeer Khan is now 72 years old and his been battling with poor health over the last couple of years. He’s under house arrest. Arguing that he’s a fall guy for the proliferation sins of previous governments, his been fighting a legal battle in the newly formed Islamabad High Court, trying to get his detention lifted.
His fight began well. On 21 July 2008, the Islamabad High Court gave him right to carry out research work, and to move around within the country after government clearance. This was not without cause. The good doctor had gone on a media offensive, and suddenly seemed to be everywhere. He needed to be silenced.
So, the deal was that Khan keep his mouth shut. Without telling anyone the government also read the 21 July ruling narrowly, not giving clearance as often as Khan would like. Not surprisingly, the Khan household felt that the government was breaking yet another deal.
Two weeks ago, Khan and his South African wife, Henny Khan, filed a petition with the Islamabad High Court asking that they be allowed to appear in person to pursue their case. They argued, amongst other things, that the Pakistani government was not complying with the July decision.
It would seem like the Islamabad High Court dismissed their plea quite quickly, arguing that the matter has already been decided on. Indeed, article 369 of the Pakistani Code of Criminal Procedure stipulates that no court shall ‘alter or review [a decision], except to correct a clerical error.’
Therefore, it would seem like Khan would need to go to the Supreme Court to get the July ruling clarified. Will he do this, however, or will he wait for his friends in government to try to get the house arrest overturned by executive decision?
Khan is very popular in Pakistan. During the first year of his house arrest, he often sat on the balcony of one of his many houses, waving at passing fans. Indeed, there are many in Islamabad who ask themselves what harm this old man can cause if the arrest is lifted.
I think that he’s going to be silently released in the coming year. However, he’s definitely not going to get his passport back any time soon. Pakistan’s powerful Directorate for Inter-Services Intelligence is probably very anxious that the good doctor might be snatched should he leave the country.
So what does the Wonk readership think? Will we see the sequel ‘Khan’s back’ or will we have to settle with ‘the wrath of Khan’?
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