1
RESTRICTED
COURT OF INQUIRY IN THE CASE OF NUMBER 7093207 HAVILDAR AIR FRAME (AC) ALI ASGHAR- LIGHT AID DETACHMENT (ELECTRICAL AND MECHANICAL ENGINEERING)
10 ARMY AVIATION SQUADRON
Witness No. 1 PA-31624 Captain Muhammad Tahir Khan Son of Mr Abdul Aziz, Caste Khattak, Sect Sunni, Religion Islam, Resident of Village: Ashkri Ali Khel , Tehsil and District Karak, duly warned states that:-
I am serving in 10 Army Aviation Squadron since 25 November 2001. I am performing the duties of Training Officer/ Assistant Operation Officer 10 Army Aviation Squadron since 12 June 2003. On 30 October 2003 at about 0915 hours PA-36248 Captain Tamseel Anjum came in Squadron class room and informed me that Number 7093207 Havildar Air Frame (ac) Ali Asghar who was to be produced on Adjutant charge was lying in uniform on duty clerk’s charpoy. I called Number 7093207 Havildar Air Frame (ac) Ali Asghar and asked him, the reason of lying during duty hours on duty clerk’s bed as he was to be produced on Adjutant charge. Number 7093207 Havildar Air Frame (ac) Ali Asghar replied me rudely that, “ Sir, I was lying on charpoy and I have no reason for it”. Mean while I observed that he was wearing wrong pattern
EXHIBIT ‘M’ nameplate ‘Exhibit’ ‘M’ (Produced, signed by the president and attached to the proceedings), I got hold of his nameplate with my right hand and pulled him towards me in a very normal manner, so that he should he close enough to me thereby I could remove the wrong pattern nameplate and secondly he was standing in the middle of door. After removing the nameplate PA-22242 Major Ahmer Dilshad who was passing by told me to hand over the individual to Adjutant which I abided and handed over Number 7093207 Havildar Air Frame (ac) Ali Asghar to Adjutant PA-36023 Captain Chaudhry Kamran Ahmed who was standing next to me. At that time PA-36164 Captain Ali Irtaza was also present in squadron class room. Thereafter I went to my office for the routine work.
QUESTIONS BY THE COURT
Question No.1 Did you grab Number 7093207 Havildar Air Frame (ac) Ali Asghar from his neck?
Answer No.1 No, I did not grab him from his neck, as he was standing in the middle of the door I just got hold of his nameplate and brought him from the Operation Officer office to the class room.
Question No.2 Do you have any grievances against him in the past as well?
Answer No.2 No, I do not have any grievances, and secondly I have not checked him on any matter during the last one year and in this case the matter was brought in my knowledge by PA-36248 Captain Tamseel Anjum. It may also be mentioned that once Number 7093207 Havildar Air Frame (ac) Ali Asghar went with me on a mission to Loralai and Rakhni while wearing chapals, even on that occasion I did not check him.
Question No.3 Has he ever misbehaved with you before this incident?
Answer No.3 No, he has not misbehaved.
Question No.4 Has he served with you in any other squadron?
Answer No.4 Yes he has served with me in 1 Army Aviation Squadron at Mangla as well and he was one of the discipline cases.
Question No.5 What do you mean by discipline case?
Answer No.5 He argues, lies, does not know his job and is casual towards his profession.
Question No.6 When you got hold of his nameplate did he say anything?
Answer No.6 No, he did not say anything, the same can be checked from PA-36164 Captain Ali Irtaza and PA-36023 Captain Chaudhry Kamran Ahmed as well who were present at that time.
Question No.7 What was the distance between you and both the officers who were present at that time?
Answer No.7 They were at a distance of about 2 feet from us.
Question No.8 Was Officer Commanding Light Aid Detachment i.e. PA-38194 Captain Baddar Abbas present at that moment?
Answer No.8 No, he was not there, I, PA-36023 Captain Chaudhry Kamran Ahmed, PA-36164 Captain Ali Irtaza were present there and PA-22242 Major Ahmer
Dilshad was passing by.Here I would like to mention, had PA-38194 Captain Badar Abbas been there I would have brought the observations of Number. 7093207 Hav Air Fram (ac) Ali Asghar regarding lying on bed in working hours and secondly wearing of wrong pattern name plate in the officer’s knowledge.
Question No.9 How far away was PA-22242 Major Ahmer Dilshad from you?
Answer No.9 He was just passing by..
Question No.10 Did you abuse Number 7093207 Havildar Air Frame (ac) Ali Asghar at Mangla in 1 Army Aviation Squadron in 1997?
Answer No.10 No, I did not abuse anyone including him at Mangla.
Question No.11 Was the matter reported to the Commanding Officer of 1 Army Aviation Squadron i.e. Lieutenant Colonel Khalid Saleem?
Answer No.11 This is the second allegation by Number 7093207 Havildar Air Frame (ac) Ali Asghar where as nothing of this sort happened. Had it been like that and as per his statement the matter was reported officially to the Commanding Officer 1 Army Aviation Squadron there should have been some disciplinary action against me and secondly he should produce legal proof. On this, some, action should have been taken against me whereas no disciplinary action was taken against me on any account in 1 Army Aviation Squadron.
Question No.12 Was Number 7093207 Havildar Air Frame (ac) Ali Asghar wearing wrong pattern nameplate?
Answer No.12 As per custom of service, precedences/traditions the nameplate should bear only one name. That is what has been taught and is practiced in the Army.
Question No.13 Why was Number 7093207 Havildar Air Frame (ac) Ali Asghar called by you in class room?
Answer No.13 PA-36248 Captain Tamseel Anjum came to me and reported that Number 7093207 Havildar Air Frame (ac) Ali Asghar was lying in uniform on duty clerk’s charpoy where as he knew that he was called in the Adjutant office to be
produced on charge. So being a senior I just called Number 7093207 Havildar Air Frame (ac) Ali Asghar and inquired him the reason of lying on the bed.
Number 7093207 Havildar Air Frame (ac) Ali Asghar answered me in a very rude manner that, “ Sir, I was lying and I have no reason for it”
Question No.14 Did you hold him from his ______?
Answer No.14 I think, on one thing I being an officer is very clear that manhandling is not allowed in Army and secondly by knowing the character of Number 7093207 Havildar Air Frame (ac) Ali Asghar since 1997 I was extra conscious of the individual.
Question No.15 On 30 October 2003 who all were present in the operations officer office and what happened there?
Answer No.15 I, PA-36164 Captain Ili Irtaza and PA-36023 Captain Chaudhry Kamran Ahmed were sitting in operations officer office. During morning briefing I was informed by PA-36164 Captain Ali Irtaza that Number 7093207 Havildar Air Frame (ac) Ali Asghar had given ground run to the aircraft the very next day he had come back from Privilege Leave. I thought it my responsibility being “ Training/Assistant Operations Officer” to ask Number 7093207 Havildar Air Frame (ac) Ali Asghar that, once he knew that after Privilege Leave he was decurrent to give ground run did he go to his Officer Commanding, Senior Junior Commissioned Officer or Senior Non Commissioned Officer to inform them that he was decurrent to give the ground run to aircraft?. In reply he said, “ Being a crew chief I should have done it but I did not do it” and after some time Number 7093207 Havildar Air Frame (ac) Ali Asghar was sent out of the office.
Question No.16. Once PA-22242 Major Ahmer Dilshad called Number 7093207 Havildar Air Frame (ac) Ali Asghar did you tell him to double up?
Answer No.16 Firstly I was not present there and, I did not say so at any occassion.
Question No.17 On 30 October 2003, In Operations Officer Office did you and PA-36164 Captain Ali Irtaza get up from the chair and go towards Number 7093207 Havildar Air Frame (ac) Ali Asghar?
Answer No.17. No, we kept on sitting through out the conversation.
Question No.18. Did you or PA-36164 Captain Ali Irtaza tell him to be ready to face serious consequences?
Answer No.18 No, none of us said that.
Question No.19 Did PA-36164 Captain Ali Irtaza say these words to Number 7093207 Havildar Air Frame (ac) Ali Asghar “______” ?
Answer No.19 No, he did not say these words rather he said something like “______”
Question No. 20 Do you have any grievances against PA-38194 Captain Badar Abbas?
Answer No. 20 No, I do not have any. However on several occasions I have been pointing out certain technical observations of aircraft for his guidance and for the safety of aircraft and the pilot. Had there been grievances I would have informed the Commanding Officer to take disciplinary action against PA-38194 Capt Baddar Abbas, whereas I did not do so.
Question No. 21 Did you abuse Number 7093207 Havildar Air Frame (ac) Ali Asghar in operation officer office?
Answer No 21 No, I only said non sense and shut up.
Question No 22 Did the incident of manhandling take place in front of PJO-118327 Subedar Nazir Ahmed?
Answer No.22 Firstly, no action of manhandling took place and secondly I handed over the nameplate to PJO-118327 Subedar Nazir Ahmed outside the class room.
Question No.23 Did PA-22242 Major Ahmer Dilshad tell you “______”?
Answer No.23 He only said “______”
Question No.34 Was PA-37125 Captain Sohail Bin Shafique present at the time of removing of nameplate?
Answer No.35. No, he was not there.
______
(PA-31624 Capt Muhammad Tahir Khan)
Witness No. 2 Number 7093207 Havildar Air Frame (ac) Ali Asghar Son of Mr Bagh Ali, Caste Khokhar, Sect Sunni , Religion Islam, Resident of village and post office Baragowah (Bagh) , Tehsil Sohawa , District Jhelum, duly warned states that:-
I am serving in Army since 23 years and performing duty in Light Aid Detachment (Electrical and Mechanical Engineering) of 10 Army Aviation Squadron since 23 Dec 2002. On 27 October 2003 at about 1730 hours I came back to unit from Privilege Leave. The same day at about 1930 hours senior Non Commissioned Officer Number 7083621 Havildar Habib Ur Rehman told me regarding next day’s early flying. On 28 October 2003 at 0540 hours we reached aircraft hanger. We took out 6 Mashak Air Crafts from the hanger. We were ordered to give the ground run so I drained the fuel of air craft number 388 and checked it. Thereafter I and Number 7098079 Havildar Muhammad Younis checked and carried out ground run of aircraft as per procedure. After completing the task I was ordered to carry out ground run of aircraft Number 370 as well. I and Number 7099999 Naik Abdul Khaliq went to the aircraft and carried out the ground run. After that I was ordered by Number 7098079 Havildar Muhammad Younis to carry out daily inspection of aircraft number 164 and 130. As I was carrying out “ daily inspection” of aircraft Number 130, No 7098079 Havildar Muhammad Younis again called me and said, “ PA-36164 Captain Ali Irtaza wants to see you on aircraft Number 370” which was parked at Very Important Person point. On reaching, PA-36164 Captain Ali Irtaza inquired whether I had carried out the ground checks of aircraft Number 370 and my answer was in affirmation. He told me to narrate engine run up checks as he had certain observations, I replied that I was unable to utter the same as I had forgotten. He further said that, “ why have you carried out the ground run and whether you had taken currency after coming back from Privilege Leave”.
My answer was yes as I had taken currency from Number 7098079 Havildar Muhammad Younis on aircraft Number 388. After that PA-36164 Capt Ali Irtaza ordered me to write down “ Run Up Checks” of MFI-17 (Mashak) hundred times and to put up to him once he comes back from the mission the very same day. On inquiring, he told me following observations firstly ADF circuit breaker was in. I replied that Radio Technician Number 7099999 Abdul Khaliq had carried out “ Daily Inspection” after ground run. His second question was, “what should be the position of fuel selector knob?” I replied that it should be on both position. He asked as to why was it on left position then. I replied that ground run was carried out some time back; it must have been done by some one else. Later on Number 7098079 Havildar Muhammad Younis confirmed that he had done the same as fuel had started draining out. Further more I could not tell PA-36164 Captain Ali Irtaza regarding “ Run Up Checks” as I had to check two more aircrafts and less time was available. Thereafter, I went to other aircrafts and stayed in hanger till 1730 hours, as I had to perform crew duty as well on the same day. Instead of writing the checks hundred times I wrote it for only nine times and showed it to PA-36164 Captain Ali Irtaza the next day i.e. on 29 October 2003. At 0900 hours on 29 October 2003 PA-22242 Major Ahmer Dilshad passed an ordered for me to change dress and wear uniform, As I came near crew room and talked to PA-22242 Major Ahmer Dilshad, PA-31624 Captain Muhammad Tahir Khan who was also present there ordered me to double up. I abided the orders and reported back after some time to PA-22242 Major Ahmer Dilshad and told him regarding writing down of “ Run Up Checks” nine times. He told me to report to PA-36164 Captain Ali Irtaza and Adjutant PA-36023 Captain Chaudhry Kamran Ahmed. I went to Light Aid Detachment control office and informed Senior Junior Commissioned Officer PJO-206465 Subedar Qabil Shah that PA-22242 Major Ahmer Dilshad had ordered me to report to the Adjutant. PJO-206465 Subedar Qabil Shah took
me to Adjutant i.e. PA-36023 Captain Chaudhry Kamran Ahmed who told him to handover me to Number 2993418 Regimental
Havildar Major Havildar Umar Hayat. Number 2993418 Regimental Havildar Major Havildar Umar Hayat told me that he was ordered by Adjutant PA-36023 Captain Chudhry Kamran Ahmed to make me drill with the remarks, “______” I told Number 2993418 Regimental Havildar Major Havildar Umar Hayat to ask Adjutant PA-36023 Captain Chaudhry Kamran Ahmed as to what was my crime as I was to perform drill. If I had done something wrong then I should be produced on charge, as I am a Havildar. But I could not be produced on that day. Next day i.e. on 30 October 2003 I kept on standing outside the office of Senior Junior Commissioned Officer i.e. PJO-206465 Subedar Qabil Shah till 0900 hours thereafter I went to duty clerk’s office and sat on the charpoy in order to wait for the daily briefing to finish. The moment I sat down, PA-36248 Captain Tamseel Anjum entered the duty clerk’s room. On seeing him I stood up and he said, “why are you lying on the charpoy”?. I told him that I was not lying rather I was waiting to be produced to the Adjutant. Thereafter he left the duty clerk’s room. Meanwhile office runner Number 3067142 Gunner Shabi Ul Hassan came and told me that I was being called by PA-31624 Captain Muhammad Tahir Khan. The moment I reached the operations room door, PA-31624 Captain Muhammad Tahir Khan got hold of my ______with his right hand and in a very angry manner said “ Why were you lying on charpoy?” He further shook me and said, do you know me? I am the same person who had served in Mangla with you”. Meanwhile he got hold of my nameplate with his left hand and snatched it and said, “ Are you ______?” In the mean time PA-22242 Major Ahmer Dilshad ordered PA-31624 Captain Muhammad Tahir Khan to leave me and ordered me to go out of the office. I abided to the order and went out. At that time PA-36023 Captain Chaudhry Kamran Ahmed,