Excessive reliance on Aminullah's evidence

By Amit Baruah

ISLAMABAD, APRIL 10. Excessive reliance appears to have been placed on the evidence of Mr. Aminullah Chaudhury, former Pakistan civil aviation chief who turned approver in the hijacking case, by the anti-terrorism court (ATC) in sentencing the ousted Prime Minister, Mr. Nawaz Sharif, to a life term.

In his 157-page judgment, the ATC judge, Mr. Rehmat Hussain Jafferi, stated it was ``clear that approver Chaudhury had issued directions that the Karachi airport should be closed to all incoming flights and first he issued directions that international flights should be hold (sic) over in the air and domestic flights be diverted to Nawabshah ''.

An attempt was made to hijack PK-805, carrying the Army Chief, Gen. Pervez Musharraf, from Colombo to Karachi on October 12, 1999, but it was ``averted due to the intervention of the Army''.

While freeing all the six accused and the approver, the judge has come to the clear conclusion that the attempted hijack was ordered by Mr. Sharif on telephone and executed by Mr. Chaudhury. Interestingly, none of the officials who executed the orders of Mr. Chaudhury in holding/diverting the flight, denying permission for it to land, blocking the runway and switching off runway lights has found himself in the dock.

``From the statement of Chaudhury it appears that Mian Muhmmad Nawaz Sharif had spoken to the approver two more times on phone (on the evening of October 12, 1999). In the second conversation the accused reiterated his earlier orders and further directed that the flight should be diverted to any airport in the Middle East other than Dubai...''

``From the above evidence, it is manifest that the involvement Mian Muhammad Nawaz Sharif is based on the evidence of Chaudhury...''

Quoting various case laws (many of them precedents from Indian judgments), the judge stated: ``Thus, all the actions taken by Aminullah Chaudhury would be binding upon Mian Muhammad Nawaz Sharif...from the above discussion, and the evidence available on record, there are reasonable grounds for believing an attempt was made to hijack the aircraft PK-805...''

``Thus, anything said by approver Aminullah Chaudhury or done by him can be used against Mian Muhammad Nawaz Sharif, and through this evidence...the offence of hijacking is complete. All the orders/actions were made by Aminullah Chaudhury through witnesses of ATC and Radar Control were emanating from the orders of Mian Muhammad Nawaz Sharif...'' the judge held.

In his view, the aircraft was not allowed to land in Pakistan by the Karachi ATC through an ``illegal'' order. ``Once the illegal orders were issued and reached the Captain, then the command of the Captain was crippled and the control of the aircraft which was lawful in the beginning...became unlawful and illegal after the said orders and thereafter the aircraft was diverted either to Nawabshah or Karachi...and then the aircraft landed at Karachi at about 7.48 or 7.50 p.m. at the intervention of the Army.''

Conforming to the definition of hijacking as contained in the Pakistan Penal Code, the judgment stated: ``By blocking the runway with three Fire Brigade vehicles and switching off the lights of the runway clearly shows that threat and criminal force was applied so that even if the aircraft PK-805 had tried to land, it would no(t) have been able to land there, otherwise it would have crashed, as such the PK-805 was forced to remain in the air...as such, the ingredients of force as required under Section 402-A PPC have also been attracted in this case.''

The motive for the hijacking ``in its major portion'' had been admitted by Mr. Sharif in his statement under the Criminal Procedure Code. After returning from Multan on October 12, 1999, he directed his officials at 3.15 p.m. to prepare a notification replacing Gen. Musharraf by Gen. Khwaja Ziauddin as the Army Chief.

He then refers to the fact that after Pakistan Television broadcast the news of the ``sacking'' of Gen. Musharraf a ``few soldiers'' took over the PTV station, Islamabad, who were then disarmed by Mr. Sharif's military secretary, Brig. Javed Iqbal.

``The accused (Mr. Sharif), being faced with the situation, an inference can be drawn, that the accused...must have thought that the group of Army (sic) had not liked the retirement of General Pervez Musharraf and replacement of General Ziauddin, particularly, in the absence of General Musharraf, who was about to reach in (sic) Pakistan at about 7 p.m., therefore, Mian Muhammad Nawaz Sharif must have thought that if General Musharraf is allowed to land at the Karachi airport, then serious problems could have been created, as such, it must have come in his mind that his (the General's) plane should not be allowed to land in Pakistan in order to avoid any difficult situation without realising the fact that the aircraft was not only carrying General Musharraf but 198 (other) passengers as well...''

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