The Supreme Court of Pakistan on Monday sought a reply from the federal government on whether it wanted to continue with the political cell of the Inter-Services Intelligence (ISI).
A three-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry heard the Asghar Khan case against political funding by the ISI in the run-up to 1990 elections. The court held that the attorney general was queried about the case on June 26, 1997 “if the government wants to abolish this cell in the ISI”, however, no reply had been received so far.
The attorney general pleaded the court for some time so that he might get instructions from the government and submit a written rejoinder. Granting time until July 30, the bench directed him to make it abundantly clear to prime minister and high-ups of the armed forces that the principle stood explicitly defined in rulings of July 31, 2009 and June 19, 2012 regarding the disqualification of Yousaf Raza Gilani that now only those functions would be permissible which were in absolute harmony with the constitution.
Earlier, the chief justice said the judiciary wanted to see the army as a stable institution, however, it wanted to emphasize that there would be supremacy of constitution alone, adding that a Bangladesh-like model could not be implemented here. The CJ said institutions, not personalities, were important, adding that graveyards were full of people who thought they were indispensable.
The bench also directed Defence Secretary Nargis Sethi to tell the court if the Defence Ministry would represent the ISI and Military Intelligence (MI) in the Asghar Khan case, else a counsel would be appointed for the purpose. Nargis Sethi said the director legal affairs had told her that the ISI and MI would have their own representatives, and she could furnish details after getting relevant directions. The CJ said no lawyer from the Defence Ministry had appeared before the court, but the court would give a chance for explanation to everyone. He added that the ISI was answerable to the prime minister. Chief Justice Iftikhar Chaudhary ordered the Attorney General to analyze the summary of General Asad Durrani about the political cell of ISI, or otherwise the summary must be sealed and produced in the court.
He said the Supreme Court wanted to bring forth the facts in a transparent manner. During the hearing, Justice Khilji Arif Hussain said the court was told that the documents by ISI also reached office of the attorney general. Attorney General Irfan Qadir said he would look for the documents in his office. The CJ added that democracy and democratic institutions must be strengthened. The court directed the attorney general to present the rejoinder in connection with the investigation reports on scandals of Mehran Bank and Habib Bank, and adjourned the proceedings for two weeks.
Institutions, not personalities, important: CJP
