The Supreme Court Wednesday directed the secretary defense to submit a comprehensive report regarding action taken against those retired army officials who had been involved in doling out money to a group of politicians in 1990s. A three-member bench, headed by Chief Justice Mian Saqib Nisar, was hearing the implementation case of the 2012 order in the Asghar Khan case which had implicated former Chief of Army Staff General Aslam Beg (retd) and former Director General Inter-Services Intelligence (ISI) Asad Durrani as well as a number of politicians in relation to rigging in the 1990 elections.
In 1996, Air Marshal Asghar Khan (retd) had filed a petition in the Supreme Court, accusing former army and ISI chiefs of doling out money to purchase loyalty of some politicians and public figures to manipulate the 1990 general election.
The court in its June 12, 2018 order instructed all institutions including the Ministry of Defense to ensure cooperation with the Federal Investigation Agency (FIA) which had been tasked with ensuring implementation of the court verdict.
During proceedings, DG FIA Bashir Memon informed the court that he had sought the record of army officials who had distributed money among politicians in the 1990s from the Ministry of Defense but he did not receive it.
The Chief Justice remarked that investigation should not linger on as the review in the Asghar Khan Case had been decided and many things had been finalized and now it only needs implementation. He said that the federal cabinet also said that the army should take action against its retired officials in accordance with the Army Act.
The director (legal) Ministry of Defense informed the court that former attorney general in front of him had telephoned secretary interior to supply a copy of the cabinet decision to the Ministry of Defense for necessary action, which has not been provided. He sought four weeks to do the needful.
The DG FIA said that private respondents (politicians) are cooperating with the Agency, but the Defense Ministry is not providing record. The Chief Justice said that the judgment in the Asghar Khan case has to be implemented in letter and spirit.
Former Prime Minister Nawaz Sharif, Javed Hashmi, Mir Hasil Bizenjo, the then emir Jamaat-e-Islami and others had denied receiving money from the ISI in 1990 and termed the allegations baseless. The apex court on October 19, 2012 had issued a 141-page verdict, ordering legal proceedings against General Beg (retd) and Lieutenant General Durrani (retd) in the Asghar Khan case. Former Air Chief, Air Marshal Asghar Khan (retd) had petitioned the top court in 1996 against the two top army generals, alleging they along with then President Ishaq Khan had doled out Rs 140 million among politicians to rig the general election 1996.
The apex court in its judgment ruled that the general election held in year 1990 was subjected to corruption and corrupt practices as in view of overwhelming material produced by the parties during hearing, it has been established that an "election cell" had been created in the Presidency, which was functioning to provide financial assistance to the favored candidates, or a group of political parties to achieve desired result by polluting election process and to deprive the people of Pakistan from being represented by their chosen representatives.
The ISI, MI or any other agency like the Intelligence Bureau (IB) has no role to play in the political affairs of the country such as formation or destabilization of government, or interference in holding of honest, free and fair election by Election Commission of Pakistan. The involvement of officers/members of secret agencies i.e. ISI, MI, IB, etc, in unlawful activities individually or collectively calls for strict action being violative of oath of their offices, and if involved, they are liable to be dealt with under the Constitution and law.
Similarly, legal proceedings will be initiated against the politicians, who allegedly have received donations to spend on election campaigns in the general election of 1990; therefore, transparent investigation on the criminal side will be initiated by the FIA against all of them and if sufficient evidence is collected, they will be sent up to face the trial, according to law.
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