Hearing Air Marshal Asghar Khan's petition, Supreme Court on Wednesday issued directives to Ministry of Defence to submit details of Rs 80 million deposited in the account of Inter Services Intelligence (ISI). A three-judge bench of the Chief Justice Iftikhar Muhammad Chaudhry heard the petition filed by the retired Air Marshal in 1996 over alleged distribution of Rs 140 million among politicians by ISI with a view to manipulating the 1990 general election.
The Chief Justice observed that General Beg was aware of funding for the IJI and the then President, Ghulam Ishaq Khan, used to be briefed about such funding. He further observed that under the Constitution, the president is the head of state, not the chief of a political party, and therefore the then President's support to the IJI was a violation of his oath.
The court also directed Secretary Awan-e-Sadr to submit a reply by today (Thursday) about the existence of a political cell in the Presidency in 1990. At the outset of hearing, Akram Sheikh, the counsel for former army chief Mirza Aslam Beg, submitted his client's statement that Rs 60 million was distributed among politicians while the remaining amount of Rs 80 million was deposited in an ISI account. Salman Akram Raja, the counsel for petitioner, contended that there must be an institutional record of the said amount and the Ministry of Defence could provide appropriate information in this regard.
The Chief Justice asked Commander Shahbaz, the representative of Defence Ministry, to submit a reply. The bench also re-issued notice to former Brigadier Hamid Saeed of MI as he was unable to appear before the court on Wednesday because of illness and directed him to appear before it today (Thursday).
Earlier, during the course of hearing, Secretary to President Malik Asif Hayat submitted his response to the court, stating that there was no political cell in the Presidency after September 2008. "We had asked you about the existence of political cell in the presidency in 1990 and not at present," the Chief Justice said.
Justice Khilji Arif Hussain inquired from the President's secretary if a political cell existed in the presidency prior to September 2008; to which Hayat said it was possible that an election information cell had operated in the President's House. However, he added that some files were in the possession of the President's military secretary, who would be able to respond to the query after he had reviewed those files.
The counsel for Aslam Beg submitted his client's sworn statement, saying there was a political cell in the Presidency, adding that his client believed that there should be no political cell in the Presidency. "The President is the symbol of federation under Article 141 of the constitution; hence he should not indulge in politics," Sheikh contended. Former ISI chief Asad Durrani earlier accused Hamid Seed of playing a role in the distribution of money among politicians. The court adjourned till October 18 (today).