A three-judge bench headed by Chief Justice Iftikhar Mohammad Chaudhry on Monday rejected requests by Air Marshal (retd) Asghar Khan and former DG-ISI Lt General (retd) Asad Durrani to use classified documents without sharing it in public and returned the documents telling Asghar Khan that if he claimed classification over the documents produced before the court, then the bench would not be in a position to use the same. The bench is probing a 16-year-old petition moved by former air chief over alleged distribution of an amount of Rs140 million among the anti-PPP politicians by former Chief of Army Staff General Mirza Aslam Baig and DG-ISI under directions from late President Ghulam Ishaq Khan before the 1990 general elections to manipulate results in favour of establishment-backed Islami Jamhoori Ittehad (IJI).
During the hearing, Asghar Khan produced secret documents before the Supreme Court while claiming confidentiality of the classified documents. The chief justice observed that it was time for the court to bring matters in public in a transparent manner. General (retd) Asad Durrani apprised the bench that these documents were classified due to the sensitivity of the issue and pleaded that the names contained in it should be kept in secret. The chief justice told him that he should have also produced supporting documents as evidence before the court over the allegations. Justice Jawad S Khawja said that out of a number of individuals only one had admitted receiving money. The bench also inquired from Attorney General for Pakistan, Irfan Qadir, about the notification regarding establishment of secret political cell in Inter Services Intelligence (ISI). The AG replied that the new defence secretary had taken over charge and he would be contacting him soon. However, he produced a sealed envelop containing some confidential documents before the bench upon which it directed its court assistant to submit it with the Registrar Office. Commander Shahbaz, Director Legal in the Defence Ministry, apprised the court that there was no such notification with the ministry. Salman Akram Raja, counsel for Asad Durrani, said that probably it could be the memo and not notification as the judicial record showed a reference to the letter of attorney general at that time during 1997. Justice Khawaja observed that probably they were groping in the dark. Adjourning the case for four weeks, the bench asked the AG to contact the new defence secretary for the required documents besides advising Asad Durrani to keep his documents in his safe custody and produce if required by the bench.
It’s time to bring things out in the open: CJP
