The Federal Investigation Agency (FIA) has sought the Supreme Court's guidance in Asghar Khan case for collecting sufficient evidence related to distribution of money among politicians to defeat Pakistan Peoples Party in the general elections of 1990. As a three-judge bench, headed by Justice Gulzar Ahmed, will take up the implementation of the apex court judgement in Asghar Khan case tomorrow (Monday), the FIA Saturday filed the final report in compliance with the apex court order dated 25-09-2018.
The report said that since army/intelligence officers were primarily responsible in distribution of money to private persons and politicians, therefore, splitting the investigation into two i.e. army and civil creates practical difficulties for the FIA during investigation. "Certain bank account details have not been provided, which would complete the money trail required for prosecution purposes."
The FIA submitted that they have tried their best to trace the evidence related to the disbursement of alleged money to politicians. All the important witnesses including Brig Hamid Saeed (retd) were examined, banks records were scrutinised and statements of concerned bank officers were recorded. Politicians were interviewed while assistance and information from PEMRA, NAB and Ministry of Defence were sought. More than 190 television programmes were analysed. Ministry of Defence was contacted to provide information regarding the details of distribution of money. However, the investigation cannot reach its logical conclusion due to following reasons:
"No army officer has given any statement of handing over money to any private person directly. The documents provided by Brig Hamid Saeed (retd) show that money was distributed in Sindh, but the officers who actually distributed the money were not disclosed by him. The receipts of receiving money by the politicians, as mentioned by Brig Hamid, have not been provided to FIA. According to Brig Hamid, these receipts were sent to GHQ, but Lt Gen Asad Durrani (retd) denied having information of any such receipts.
"The intelligence agency team responsible for distribution of funds in Punjab and elsewhere could not be ascertained despite FIA's writing to Ministry of Defence, asking about the whereabouts of intelligence agency personnel mentioned at para-9 of the Supreme Court judgement regarding the matter."
The Supreme Court judgement dated 19-10-2012 directed the FIA that legal proceedings shall be initiated against the politicians who allegedly had received donations to spend on election campaigns in the general election of 1990, therefore, transparent investigation on the criminal side shall be initiated by the FIA against all of them and if sufficient evidence is collected, they shall be sent up to face the trial, according to the law.
The report said that in the compliance with the apex court's direction they constituted Special Investigation Unit (SIU) FIA Headquarters, Islamabad. During the inquiry, the statements of the petitioner Asghar Khan, ex-DG ISI Lt Gen Asad Durrani (retd), ex-CoAS Mirza Aslam Baig, ex-MNA Javed Hashmi, former Chief Minister Sindh Dr Arbab Ghulam Raheem, ex-CM Sindh Syed Muzaffar Hussain Shah, ex-PM Nawaz Sharif, ex-CM/Governor Punjab Ghulam Mustafa Khar, Syeda Abida Hussain, Muhammad Younis Habib, Ghulam Ali Nizamani, EVP National Bank Raza Mohsin Qizilbash, Company Secretary Habib Bank Nosheen Ahmed, Banking Service Officer Allied Bank Shafiq Ahmed, EVP United Bank Sarmad Faisal Abbasi, Branch Manager MCB Faisal Nisar, and Muhammad Yousaf Memon advocate were recorded.
The report said that they did not record the statements of ex-PM Ghulam Mustafa Jatoi, ex-PM Muhammad Khan Junejo, ex-PM Malik Meraj Khalid, ex-CM Sindh Jam Sadiq Ali, ex-federal minister Abdul Hafeez Pirzada, Pir Sahib Pagara, journalist Salahuddin, ex-CM NWFP Mir Afzal, ex-federal minister Ghulam Sarwar Cheema, Yousaf Haroon, and journalist Mustafa Sadiq because they have died.
The report said that all the politicians, who were associated with the inquiry proceedings, have denied receiving money from army and ISI.
The FIA on December 29, 2018 had submitted the report in the Supreme Court recommending closing the implementation of Asghar Khan judgement as it did not have enough evidence to launch a criminal prosecution against individuals named in the judgement.
The Supreme Court on January 11, however, declined Federal Investigation Agency (FIA) plea to close down Asghar Khan case, saying the object of the judgement was to cleanse the system. The secretary defence was directed to file report regarding the process and proceeding for investigation/adjudication against the army personnel under the Army law. The FIA was ordered to submit reply on Asghar Khan's family application within one week.
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