The top legal brains as well as politicians believe that the possible hearing of Air Martial (r) Asghar Khan’s petition, against the alleged distribution of money by the Inter-Services Intelligence (ISI) among politicians, in the Supreme Court on February 29 will have irrevocable effects on the forthcoming general elections, besides shaking everyone from top to bottom in the executive and military establishments. In June 1996, a human rights petition was filed by Asghar Khan in the Supreme Court making former army chief General Mirza Aslam Beg, former ISI director general Lt General Asad Durrani and Younis Habib of Habib and Mehran Banks as respondents. In his petition, Asghar Khan had asked Justice Sajjad Ali Shah, the chief justice of Pakistan at the time, to take appropriate action on the statement of erstwhile interior minister Maj General (r) Naseerullah Khan Babar in the National Assembly that the ISI collected some Rs 140 million from Habib Bank Ltd and distributed it among a number of politicians prior to the 1990 general elections in order to manipulate the results in favour of the Islami Jamhoori Ittehad (IJI).
Justice Shah was hearing the case when he was shown the door in November 1997 by his fellow judges following a mutiny, allegedly maneuvered by the Pakistan Muslim League-Nawaz (PML-N) government. Asghar Khan’s case, which is commonly known as the Mehrangate scandal, will particularly dent the political image of the PML-N. Besides, lawyers and politicians, civil society activists and even the military also believes that the repercussions of the Mehrangate scandal would reverberate and would be more pervasive, having the potential to shake everyone from top to bottom in the executive and military establishments. In his petition, filed through his counsel Habibul Wahabul Khairi, Asghar had sought punishment for all politicians who had received funds from the ISI. He had alleged that Rs 140 million were distributed among politicians during the regime of President Ghulam Ishaq Khan to manipulate the 1990 elections. The funds were only given to right-wing politicians who would go on to form the IJI, an alliance pitched against the Pakistan People’s Party (PPP). The IJI was the final step in ensuring the formation of the PML-N government headed by former prime minister Nawaz Sharif. The affidavits and evidence submitted by respondents before the court and firsthand accounts from the beneficiaries so far substantiate the allegations that the ISI did give funds to elements within the IJI. However, the most important issue after ascertaining guilt is to figure out the options available to the Supreme Court to correct this historical wrong. Questions that are being asked, albeit in a hushed manner, are if the court will bar all the guilty politicians and parties from contesting future elections, especially since many are still active in politics? What punishment – if any – would be given to the former military bosses who were privy to this exercise and approved its formal operation? Lastly, what possible observation or ruling can the court come up with to deter the ISI and other intelligence agencies from this practice? Most of the senior lawyers, including Fakhruddin G Ebrahim, Khalid Anwar, Dr Khalid Ranjha, Justice (r) Tariq Mahmood, Hamid Khan, Barrister Zafarullah Khan and Ikram Chaudhry, suggest that the court should constitute a high-powered commission not only to investigate the particular incident highlighted by Asghar Khan, but also the other incidents in the history of Pakistan where the ISI provided money to politicians. They believe that it is essential for democracy and national security in future.
They said the case would certainly lead to embarrassment for the politicians. They said if it was proven that a certain politician received money from the ISI, the court could only pass an observation that it was an unbecoming act on their part and could only ask institutions such as the ISI to stay out of politics in future. According to details in the petitions, payments of up to Rs 140 million were allegedly made under the instructions of General Mirza Aslam Beg by the ISI via the owner of Mehran Bank, Younis Habib. Intelligence funds were deposited in Mehran Bank in 1992, propping up what was an insolvent bank as a favour for its owners’ help in loaning money to the ISI in 1990, which was used in the creation of the right wing alliance IJI and bankrolling the campaigns of many opponents of the PPP. In his written reply submitted to the Supreme Court during the tenure of Justice Shah and reported by the media, General (r) Beg had conceded that it had been a routine for the ISI to support its favourite candidates in elections under directives of the successive chief executives. Afterwards, former Lt Gen (r) Asad Durrani had conceded in an affidavit submitted to the Federal Investigation Agency (FIA) that his political cell received Rs 140 million from Younis Habib for distribution among anti-PPP politicians at the behest of General (r) Beg. The 1990 election was subsequently won by the IJI, led by Nawaz Sharif, who had allegedly received Rs 3.5 million from the ISI for his election campaign.
A couple of things.
First, in the above article it is assumed that the present so called independent judiciary is going to do something.
Second, then your reporter has drawn some conclusions out of possible decisions.
This judiciary is not any different than any previous one. Ifthikar Mohd Chaudary's tactics are delay the proceedings and decisions on the name of thorough investigations and giving chance to parties to present their positions. So justice has never been done particularly those decisions which go against politicians. He makes people happy that court is taking action but then it will delay and delay the verdict is never given. He don't want to have bad relations with politicians who invested money in bring him back to office.
Just delayed is justice deprived.
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