The Supreme Court on Monday issued notice to the family of (late) Asghar Khan as the Federal Investigation Agency (FIA) has recommended closing Asghar Khan case. A two-judge bench headed by Chief Justice Mian Saqib Nisar heard the case. Air Marshal Asghar Khan (retd) on the basis of Maj Gen Naseer Ullah Babar, the then interior minister, had filed a petition in the apex court in July 1996 pertaining to the distribution of Rs 140 million ahead of the 1990 general elections.
He had alleged in the petition that the then Army Chief Mirza Aslam Beg and the DG ISI Lt Gen Asad Durrani with the help of then President of Pakistan Ishaq Khan had doled out Rs 140 million among the politicians to rig the general elections.
The FIA in pursuant of the apex court's direction filed the final report which contained elaborate reasons that there is no tangible evidence discovered or received by the Agency to refer the matter for adjudication by the court.
The court issued notice to the family of Asghar Khan for assistance, asking what further proceeding should be required regarding the matter.
The apex court on October 19, 2012 had issued a 141-page verdict, ordering legal proceedings against Gen Beg (retd) and Lt Gen Durrani (retd). The court also ruled; "Legal proceedings shall be initiated against the politicians who allegedly have received donation to spend on elections campaigns in the general elections 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," said the judgment.
The FIA report, submitted in the apex court, says it is settled rule of jurisprudence that in the absence of corroboratory evidence, conviction cannot be based on hearsay evidence. Persons seemingly acquainted with facts and circumstances of subject case could not even provide the leads that may have helped the FIA in collection of sufficient evidence.
The accurate amount given to politicians is not visible, even the concerned banks did not provide the requisite record appropriately at this belated stage i.e. after 24 years. The GHQ, which is conducting its own probe, is yet to inform the FIA. Hence, no legally acceptable evidence is available with FIA on the basis of which criminal case may be initiated against alleged politicians. "The case merits closure," said the report.
The report stated that former Chief of Army Staff General Aslam Beg (retd) has denied conveying any instruction of Presidency or GHQ. He, however, maintained that General Asad Durrani was directly in touch with the Presidency.
Former DG MI/ISI General Asad Durrani (retd) admitted having disbursed the money but said that he was under instruction from the President's Election Cell (Ijlal Haider Zaidi & Roedad Khan) and that army high command (CoAS) was on board.
In supplementary statements he mentioned the names of officers who might have been responsible for the disbursements in Punjab and elsewhere. In 3rd supplementary statement, while responding to the hand-written notes attributed to Brig Hamid Saeed Akhtar, he remarked that as DG ISI he might have transmitted them onwards to MI HQ, GHO as it was being handled by MI, of which he was the head prior to elections.
The report mentioned that the secretary defence told the FIA team that it was decided by the Ministry of Defence to initiate proceedings against the concerned army personnel in accordance with the applicable laws and that their names could not be shared owing to sensitivity.
Brig Hamid Saeed Akhtar, CO-202 Survey, Karachi, provided photocopies of hand written notes and had claimed that original of the notes were delivered to General Asad Durrani, then DG ISI.
The notices were issued to the politicians who allegedly received money and submitted the comments but denied of receiving any funds. The report says that 12 politicians including Ghulam Mustafa Jatoi, ex-PM, Muhammad Khan Junejo, ex-PM, Jam Sadiq Ali, ex-CM Sindh, Abdul Hafeez Pirzada, ex-law minister, Pir Sahib Pagara Sibghatullah, Maulana Salahuddin, (Takbeer Risala), Mir Afzal, ex-CM KPK, Ghulam Sarwar Cheema, ex-federal minister, Jam Yousaf, ex-CM Balochistan, Yousaf Haroon, Mustafa Sadiq, journalist and Malik Meraj Khalid, ex-PM, have passed away.
The stance of National Accountability Bureau is that the reference against Younas Habib ended with a plea bargain arrangement. He made settlement with HBL on 15-08-2002 for Rs 3 billion. The case was adjourned for one week.