FIA's reluctance to pursue Asghar Khan case

It's been nearly seven years when the Supreme Court delivered its landmark judgment in the famous Asghar Khan case, and yet it remains unimplemented. The verdict was widely welcomed since it exposed a dirty scheme, involving civil and military leaders, aimed at creating distortions in the democratic process. Former ISI director general, Lieutenant-General Asad Durrani (retd) had furnished an affidavit before the court confessing that he had distributed, with the knowledge of the then army chief General Mirza Aslam Beg (though he denied any involvement) Rs 140 million before the 1990 general elections among leaders of various right-wing parties, including PML-N chief Nawaz Sharif, to keep the PPP from returning to power. The verdict was widely welcomed as it exposed an unsavoury collusion. The court had ordered the government, by then, again, of the PPP headed by Asif Ali Zardari. But apparently reluctant to ruffle any feathers he decided to look the other way. And for obvious reasons, the PML-N was not going to do anything about it.
For a while, the Supreme Court has taken up the implementation of its earlier order, but Federal Investigation Agency (FIA) continues to shirk its responsibility under one flimsy pretext or another, with the express intention to have the case closed. During an earlier hearing, it had claimed that all the important witnesses, including the key figure in the scandal, Brigadier Hamid Saeed Akhtar (retd), had no recollection of the recipients of the money, nor the banks involved in the handouts had any record of who they gave the money to since under the law they were bound to keep the record for a maximum period of 10 years. The court remained unconvinced. In its latest report submitted before a three-member bench on Wednesday, yet again the FIA sought closure of the case, arguing that since many of the alleged recipients of the money as well as the principal accused, former provincial head of Habib Bank Limited, Younus Habib, and the petitioner, Asghar Khan, were dead it was not possible for it to establish the facts of the case. Clearly, in acting the way it has, the agency has other considerations than meeting the demands of justice.
Many of those who participated in that sordid episode are still alive. The Asghar Khan's family has said it wants to pursue this case since it is the result of his 16 years of struggle for justice in a matter of public importance. Surely, there are other sources than the banks or the individuals who distributed the money that can help FIA to get to the facts. The 2012 court verdict, for instance, contained a complete list of the politicians who took the money for the advancement of their personal interests without bothering about the damage that was to be caused to the democratic process. And it is hard to believe the ISI has not kept the list of the people its former chief prepared. It is imperative to hold to account all those involved in that sleazy affair so that no one feels free to commit such transgressions in future.