The Supreme Court on Wednesday issued directives to the Attorney General for Pakistan to speed up efforts towards retrieving missing reports of an inquiry commissions on Mehran Bank and Habib Bank by May 10.
A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez was hearing a petition filed by Air Marshal Asghar Khan (Retd) some 16 years ago against distribution of million of rupees by the Inter-Services Intelligence (ISI) among the anti-PPP politicians to manipulate 1990s election.
At the outset of hearing, the bench rejected a report submitted by the interior ministry on the Mehran Bank scam terming it "unacceptable" because it was based on memoirs of interior minister Rehman Malik. The report quoted Malik as saying that he was delegated the responsibility to investigate the Mehran Bank scam by the then interior minister, Nasirullah Babar. However, the reports of those investigations were no longer available.
In compliance with the court's earlier order, Naveeda Noor, Assistant Director (legal) IB, presented before the court a report in a sealed covered envelope containing the details of accounts of Intelligence Bureau for the years 2008-09.
The bench had sought a report from the IB in response to a news report that in 2009, an amount of Rs 270 million was withdrawn from an IB account to topple the Punjab government. The court de-sealed the envelope for its examination. It asked the concerned personnel to make that letter (again sealed) part of record. The court impleaded the Director General IB as a party to the case and directed him to file a concise statement in response to that allegation. Appearing on notice, Attorney General Irfan Qadir told the court that despite serious efforts 'Mehran Bank and Habib Bank Inquiry Commission' reports, could not be traced out.
In compliance with the court's March 30, 2012 order for the recovery of these reports, he said he convened a meeting with interior minister Rehman Malik, which was also attended by the interior secretary, but the reports (except the report which was based on memory of the then Director FIA Rehman Malik) were not found in the ministry. The court noted that perhaps under the law such report was not acceptable.
Salman Akram Raja, the counsel for Asghar Khan apprised the bench that a senior anchor person of a private TV channel had contacted him and informed him that he possessed the reports which were being termed "missing reports". He also stated that he could request that TV anchor to place the reports on record. The court allowed him to do so.
The court noted that from General Mirza Aslam Beg's concise statement a common factor emerged that a full account was maintained and all the payments made by the then Director General. ISI were kept in that account and no amount was misappropriated or misused. The bench asked Akram Sheikh, the counsel for General Mirza Aslam Beg (Retd), to furnish the details of such account before the next date of hearing.
Mazhar Ali Chaudhry, a representative of NAB, informed the bench that he was collecting record relating to the case in which Younus Habib had entered in a compromise/plea-bargain, and sought more time. It appeared that the next hearing could be the last hearing in case the court is provided with 'missing' reports. The hearing was adjourned till May 10.