Andreas PersboWill Khan be back?

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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Comments

  1. FSB

    Can he really do anything significantly more illicit if he’s released, but not given his passport back, that he could not do under house arrest anyway? I assume the ISI and any number of other operatives will shadow him in any case.

  2. Wakeymugs (History)

    If one examines the systems and structures that encompass the workings of national security programmes in South Asia you will have no doubt that the so called “Khan Proliferation Network” is a lot of baloney. At no stage did he have the authority to move any document or materials beyond the precincts of his lab. That would fall into the purview of the COAS and his minions in the ISI. They have guarded the Pakistani nuclear programme against ingress with exceptional and extremely efficient means. Are we to believe that egress was a free for all? There should be no doubt in anyone’s mind that the Mil Chiefs from Zia-Ul-Haq down to Pervez Musharraf any export/import of nuclear technology, materials and equipment were their sole responsibility. Even the political heads had no say in this matter. Therefore, allowing access to AQK by any foreign element has to be guarded against. Otherwise the facade being played by Washington and Islamabad would be exposed and Bush and his cronies would be exposed for the liars they are – but this time US nonproliferation credentials will collapse and any policy in this regard [DPRK – Iran] emanating from Washinton will be null and void. In other words bye-bye NPT, NSG et al.

  3. SH (History)

    “one of his many houses”. Can anyone give a credible and, preferably, checkable list of the houses he owns?

  4. Andreas Persbo

    I passed some of his houses when visiting Islamabad earlier this year. My company, who knows the doctor, pointed out three on the same street. They’re interconnected through the back gardens. But checkable list? I’m afraid not. Maybe there is a land owners register somewhere in Islamabad?

  5. SH (History)

    Pity you didn’t make a note of the addresses you saw. As you can see on Google Earth (33.43.39.98N; 73.02.39.70E), his house (with a swimming pool) backs onto another street. The house to the immediate east is his former (rented) guest house – there is gate allowing direct access. This building is where his security guards are now based. Down the alley/road at the rear, accessible via another gate from his garden, were two other rented houses he was formerly associated with – one is where one of his daughters used to live (but doesn’t any longer). Another was his former guest house, before he started renting the house next door to where he lives. Also, the house he lives in now is not registered in his name. So, four houses he is “associated” with none he owns. So may I ask my question again: “Can anyone give a credible and, preferably, checkable list of the houses he owns?”

  6. FSB

    SH, what purpose would such a list have? In S. Asia you can stay with pretty much any relative in the huge extended families as if the house were your own.

    Completely agree w/ Wakeymugs — the “Khan” network had the blessing of the military/ISI. It was not some rogue dude setting up a nuclear walmart….or, to push the analogy, it was more like a nuclear army/navy store rather than a nuclear walmart.

  7. SH (History)

    FSB, because the ISI’s version of events is that he did it for money which he invested in property. If he doesn’t own (much) property, then where is the money? Or maybe he didn’t do it for money. In which case the ISI version of events is wrong.

  8. ataune (History)

    Why bring up such an issue !!??

  9. RA (History)

    I agree with ataune—why bring up this issue now? are the wonks running out of topics? Khan is not going to be ‘back’ and certainly not with a ‘bang’—regardless of how much Pakistanis regard him. So what’s the issue here?

  10. SH (History)

    Why bring up the issue? Historical accuracy perhaps?

  11. Andreas Persbo

    I think it’s interesting. Khan’s status under Pakistani law was undetermined until the July ruling. He is now a detainee. And he claims to have broken no laws, neither national nor international. To be held without trial for such a long time is unusual.

    The question is, of course, what political signal it would send if AQ Khan is released. He’s been portrayed as the bad boy of arms control for quite a while. The truth might well be what Wakeymugs advocated above.

    Pakistan may at this stage not be willing to send the political message that releasing Khan might generate. Especially not if they’re looking for ‘equal treatment’ post the US-India deal.

    If a court releases him, however, the government can shrug and say that they must respect the rule of law.

  12. FSB

    SH,
    did ISI say that the money was invested in property in Pakistan? It could be worldwide…I’d start with Dubai, and probably look for deeds filed under names of relatives.

  13. Lao Tao Ren (History)

    @FSB

    That is far too transparent.

    Try shell companies on shell companies that is ultimately under some relatives.

  14. [**]Panzer (History)

    Dr. AQ Khan will be writing a weekly news column on every wednesday in the Urdu Daily “Jang” from tomorrow.It is likely that he will attack PAEC and attempt to prove his innocence with regard to his proliferation activities, in front of the people of Pakistan. He badly wants to be re-habilitated.