ISLAMABAD: The disgraced former chief of the National Logistic Cell (NLC) challenged in the Lahore High Court on Monday the punishment awarded to him by the military authorities in connection with his involvement in a multi-billion rupee investment scam.

Former Maj Gen Khalid Zahir Akhtar, through his counsel Mohammad Akram Sheikh, filed a petition in the LHC’s Rawalpindi bench against his dismissal.

After a preliminary hearing, Justice Farrukh Irfan Khan issued notices to the defence secretary and adjourned the hearing to Oct 8.

During the hearing, Advocate Sheikh argued that the military authorities had announced the sentence without convening the court martial proceedings and providing his client an opportunity to defend himself. He said that since his client had been serving in a disciplined institution, he should have been dealt with in accordance with the law.

Justice Khan asked why an officer of such a disciplined force had been deputed to head a commercial organisation. He directed the standing counsel for the federal government to submit a reply to the petition by Oct 8.

When the counsel sought more time, the judge said the relevant details could be obtained through email within 24 hours.

The Inter-Services Public Relations had on Aug 5 announced the dismissal Maj Gen Khalid Zahir from service, which entailed forfeiture of rank, decorations, medals, honours and awards, seizure of pension, recovery of personal gains and cancellation of service and allied benefits, including medical facilities.

The petition claimed that NLC had diversified its functions and roles and was additionally authorised to make investments in the stock market. During the tenure of the petitioner, it said, the net profit of NLC had increased from Rs151 million in 2002 to Rs1.560 billion in 2008 whereas the total profit accumulated from investments in the stock market during that period stood at Rs2.064bn.

According to the petition, international stock markets collapsed on June 2, 2008, resulting in an unexpected shutdown of Pakistan’s stock market for 110 days. Maj Gen Zahir retired on Feb 28, 2008.

The petition said the General Headquarters AG’s branch had informed the petitioner that a court of inquiry had been convened by the competent authority to investigate the “irregular investment” in stocks by NLC and asked him to appear before the president of the Court of Inquiry.

On Nov 19, 2011, the petitioner was directed to report to the GHQ for disposal of the case pertaining to alleged irregularities in NLC affairs and to take the summary of evidence under the Pakistan Army Act (PAA). However, the matter remained inconclusive and no action was initiated against him based on the summary of evidence, the petition said.

The petition claimed that on Aug 5 this year, another Court of Inquiry was assembled by Chief of the Army Staff General Raheel Sharif and, without recourse to trial by a court martial, the respondent ordered dismissal of the petitioner from service. However, it said, such an order was meant for persons who continued to remain in service. Despite the fact that the petitioner was called to join the investigation in terms of PAA’s Section 92, with respect to its jurisdiction, scope of application, disposal of the case through court martial, yet the respondent illegally and incorrectly invoked the power under Section 16 of the PAA 1952 (which can apply only to persons who are subject to the act) and proceeded to dismiss him from the service, thereby conveniently avoiding the entire procedure laid down in Section 92 for persons who had ceased to be in service, the petition argued.

“This act of the respondent, of recalling a retired officer, simply to dismiss him from service, is unprecedented. Subsequently, the respondent has cleverly recalled the petitioner into service for no other reason but to deprive the petitioner of trial by court martial,” it said.

The petitioner requested the high court to declare the instant petition maintainable and the impugned dismissal order illegal and void ab initio.

Published in Dawn, October 6th , 2015

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