Former Inter-Services Intelligence (ISI) chief Lt General (r) Asad Durrani has admitted under oath that he distributed funds to selected politicians ahead of 1990 polls under instructions from then army chief General (r) Mirza Aslam Baig.
Durrani told the Supreme Court on Friday that he was told by Baig that a business community in Karachi had raised some funds to support the election campaign of Islami Jamhoori Ittehad (IJI) – an alliance of nine political parties formed against the Pakistan People’s Party (PPP) during 1990 elections. He said Baig had asked him if he could distribute those funds among certain politicians according to a formula which would be conveyed to him through the Election Cell at the president’s office.
A three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez, was hearing a petition filed by Air Marshal (r) Asghar Khan some 16 years ago. The petition alleged that millions of rupees had been distributed by the ISI among the PPP’s rivals to manipulate the 1990 election.
SC OFFENDED: At the onset of the hearing, the chief justice took strong exception of the language used by former army chief in his counter-affidavit filed in response to the affidavit of defunct Mehran Bank’s former chief Younas Habib, alleging that he was forced by Baig and former president Ghulam Ishaq Khan to arrange Rs 340 million in “national interest”.
In paragraph 14 of his counter-affidavit submitted through his counsel Akram Sheikh, Baig claimed to have completed his “hat-trick” by appearing before the court on three different occasions, saying he felt “an honour which no other army chief could possibly claim”. He said he sincerely thanked the apex court for making him complete his hat-trick of court appearances – firstly before chief justice Muhammad Afzal Zullah, secondly before chief justice Syed Sajjad Ali Shah, and now before Chief Justice Iftikhar Muhammad Chaudhry.
“This is an honour bestowed upon me which no other army chief can possibly claim. And yet, I wonder, “Jaanay kis jurm ki paaye hay saza yad naheen (I do not remember for what crime I got this punishment),” he concluded.
The court took strong exception of the text, calling it “contemptuous language” and asking Baig to tender a written apology. The chief justice also admonished his counsel for his failure to properly guide his client on how to file an affidavit. “Do you think such a language could be used in the court,” the chief justice asked Akram Sheikh, while ordering him to call his client to the rostrum and submit a written apology and expunge paragraph 14 of his affidavit. “Give us a written apology right now otherwise we will take action against your client,” the chief justice told Sheikh, who then asked the former army chief to come to the rostrum and write an apology.
“With reference to my affidavit in response to the affidavit of Younas Habib, I sincerely apologize for the contents of para 14 of my affidavit, and submit that it may be deleted and not considered part of my affidavit,” Baig wrote in his apology. Later, the court accepted Baig’s unconditional apology along with the request to delete the said paragraph from his counter-affidavit.
In his statement, the former ISI chief said that he had already stated that there was no “political cell” in the ISI, adding that political work could be done by some designated officials. He said that in 1994 he was not aware of the Mehran Bank scandal, but as he was asked only to provide the details of the money amounting to Rs 140 million, which was spent in the election, therefore, he never tried to know that under whose instructions the money was collected from the business community of Karachi. He said he could not recall whether he was cross-examined in camera or not.
Sheikh submitted that he had been saying from day one that the case was based on disputed facts. He said he was of the opinion that a political cell was created under an administrative instrument/executive order passed by former prime minister Zulfikar Ali Bhutto by means of an SRO issued in 1975. He said the existence of such a political cell was unwarranted and an interference in the fundamental rights of the people of Pakistan guaranteed under Article 17 of the 1973 Constitution, and that the apex court could declare that no such political cell be allowed to continue in the security agencies.
He said the petitioner, Asghar Khan, also confines himself to the extent of existence of a political cell in the ISI which was evident from his letters addressed to the court in 1998 and 1999. The petitioner’s counsel, Salman Akram Raja, recalled that his client had prayed for a direction to the federation to initiate appropriate proceedings under criminal and election laws against the alleged givers and recipients of funds for political purposes, including the respondents and the various persons named in the letter of Asad Durrani to the prime minister on June 7, 1994, and July 24, 1994 affidavit of Younas Habib, who while appearing before the court submitted that he did not want to add anything further except the statement, which he had already filed before the court.
The court directed Attorney General Maulvi Anwarul Haq to enquire from the federal government as to whether the commission’s reports over Mehran Bank and Habib Bank had been made public, and if not, then reasons should be assigned and the said reports should be made available for the court’s perusal in camera.
The attorney general stated that he would submit an application seeking permission to go through the cross-examination on the affidavits of Asad Durrani and Major Gen (r ) Naseerullah Khan Babar. He said he would be able to assist the court after going through the record, and asked that such proceedings, if considered classified by the state or the court, be declared declassified.
The court directed its office to handover photocopies of the affidavits filed by Asad Durrani and Younas Habib as well as the counter-affidavit submitted by Aslam Baig along with the authentic copies of the orders sheet to the attorney general during the course of the day (Friday).
Later, the court adjourned the hearing until March 14.
HMAM MEIN SAB NANGE AUR SAB PPP K KHILAF,phir bhi NAKAM
Perfectly true, but when will they realize
Asghar Khan/PTI, and of course the SC, have done well to expose the “jamhoori champions” and the other “forces” in our country…but to be just and boldly open here, on the flip side of the coin the other “jamhoori champions” PPP are also exposed by having “relationships” at length with Mehran Bank and so on…plus don’t forget ZA Bhutto was the one who had this “political” wing created in the ISI! Shame and hypocrisy all around!
PTI is the modern version of IJT
IK is 21st century version of ZiaUl Haq
Caught with their pants down your leaders must answer for your crimes…..our consceience is clear
General Durrani agar che ISI keh DG teh, Woh is waqt bhi Benazir kah saat thay.
It is most shameful.It is so easy to blame deads, the fact remains the offence was committed so all should be punished.Indulging in acedemic debate will serve no purpose,an example has to be set to secure future.
Mian Ji did you take any money from the establishment?
You are 100 percent right in asking this question. Yes, my brother, he did take money.
Salams
Now because sharif brothers are also accused in this case of taking money from ISI, So CJ has said that people how have given money to politicians they have to prove it. Have any body ever proved a single case against Asif Zardari in any court of law. But Mr. CJ is only pursuing his cases. Very strange.
QUESTION?… Like many other unanswered Qs, would this case reach its culmination?
ANSWER:… Likely NOT
Could ISI come out with the Truth about the highjacking of flight PK 326 on March 2 1981 and why the government in power made late Major Tariq Rahim a political scapegoat!!!!
Rtd Gen Baig should see the writing on the wall. His actions in being the mastermind of doling public money to greedy recipients is an inexcusable criminal offence as well as in contradiction to the constitution which prohibits someone holding highest office in the armed forces to indulge in such activities. I have watched few footages in which he appears to be very arrogant and aggressive. He must not get away scot free and so those who received money from him.
How much money did the agency keep it for itself.?There is a saying > You rub my back, i rub yours.. By the time the court reaches it,s conclusion and orders trials the public would have lost interest . The perceptions have always been there ,what is now happening now is the confirmation. Is it not happening at the moment one way or the other?
What a criminal waste of money. What a criminal negligence of the judiciary until the incumbent CJ took action. There is no precedence anywhere in the world where spy agencies would want to influence on the political landscape of the country. Rtd Gen Aslam Beg will have to face the music now and most likely scenario is that he would be sent behind the bars and all the recipients would be disqualified and asked to return the money to the country.
I have witnessed few video clips of Aslam Baig. Look at his arrogant way he speaks. He is probably under the impression that the fraternity of the Generals of Pakistan armed forces is a sacrosanct and no one can touch them. Not any more General.
I agree with you entirely. i can guess what is going to happen! A commitee will be appointed to report back a.s.p. and that means years.! There is a epidemic of commitees being appointed by the cJ nearly approaching a Panendemic. When a problem leads to several commitees the latter become more important than the problem itself. Beieve me i have experience of this circus.Every thing is going to be put on the backburner. I applaud your comments but at the same time prepare for diappoinment.
What about donate money to current opposition leader of Bangladesh
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