Asgha Khan case: SC orders legal action against Baig, Durrani


The Supreme Court ordered initiation of criminal proceedings against former Army Chief General Aslam Baig and former DG ISI Lieutenant General Assad Durrani for illegally distributing public money amongst the politicians to defeat a particular group in 1990 elections.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry announcing short order in the Asghar Khan case maintained that their act was in their personal capacity and the institutions were not involved in it.
Their act brought bad name to the army and the government should initiate action against them. Action should also be initiated against the then CEO of Habib Bank Younis Habib besides officials of ISI and MI.
The verdict called for investigation by the FIA against those politicians who accepted the public money before the 1990 elections. This money should be recovered with profit and deposited in the national exchequer.
An amount of eighty million rupees which was deposited in the account of Survey and Construction group Karachi maintained by the MI shall also be transferred to the Habib Bank with profit.
The apex court said that secret agencies have no role in election process. The military can not take part in politics and can not destablize the democratic government.
Earlier during the hearing, Attorney General Irfan Qadir presented his arguments.
Qadir said he was representing the federation and the defence ministry.
Responding to which, Chief Justice Iftikhar directed Qadir to produce the document enabling him to represent the defence ministry.
The attorney general said he would try to assist the court to the best of his abilities “in the short time that was available” to him.
Qadir criticised the judiciary upon which the bench expressed its displeasure.
The attorney general said he had reservations over comments alleged to have been made by Justice Khawaja.
“Justice Khawaja said the Pakistan People’s Party government had failed to perform in the past four years,” Qadir said.
Upon which, Justice Hussain said: “You should not name a particular judge. Those were the remarks of the bench.”
The attorney general requested the bench to exclude the concerned remarks from the record of the case.
Qadir added that judges had taken oaths under the PCO in the past and had also allowed the military to step in, in violation of the Constitution.
The attorney general moreover said that the Asghar Khan case had been pending for the past 15 years and blamed the judiciary for the delay.
He further alleged that “the present judiciary” wanted to “destabilise the government”.
The chief justice remarked that Rs140 million had been given out by Younus Habib, who headed the now defunct Mehran Bank, and asked as to who was responsible for that.
He further said that evidence suggested that the money was distributed at the behest of the presidency, adding that, prima facie the President House was involved in the operation.
The chief justice reiterated that the president should be impartial and should not partake in political activity.
Responding to which, the attorney general said that the president’s oath does not restrict him from partaking in politics, adding that, the office of the president was also a political position.
The president’s oath is not any different from the oaths administered to the prime minister and the ministers, Qadir said.
Upon which, the chief justice said that the Constitution entitles the president, not the prime minister, as the head of state.
The attorney general added the parliament had on several occasions saved the judiciary from embarrassment.
Chief Justice Iftikhar said the judiciary would not allow derailment of democracy in the country.
He further said that former interior minister Lt-Gen (retd) Naseerullah Babar had also revealed that money was distributed to politicians to manipulate the country’s politics, adding that, it was allegedly done in the greater national interest.
The attorney general said those involved in the decisions of the past were important personalities, adding that, the individuals who were accused of receiving the money should also be heard.


  1. From a Supreme Court judges who are in habit of invoking Quranic or Islamic injunctions every now or then, it is strange that they failed to invoke Quranic injunction that sees those who bribe and those who accept bribe are equally condemnable. Furthermore, terming these acts as individual not institutional means that when judges took oath over PCO it was their individual act and they should also be subjected to same treatment.

    • late judgement will clear every thing but as far as politicians are concerned this case is handed over to FIA for further confirming the charges provided by intelligence diary. and it is told that money should be taken with full interest rate.If FIA under Rehman malik is able to present all record then why should they not penalized but what can you expect from rehman malik that is serious problem actually.

      • All is needed from Supreme Court is to be consistent with its decisions. If they could sent a sitting PM packing for not being 'Sadiq' and 'Amin' , I am wondering, what actually stopped them from using same yardstick for all the politicians and generals involved in this sorry affair.

        • sc judges n cj are mafia ..cj chudhary wonna be next prez of PAKISTAN IN MARCH 2013 ! AND IMRANKHAN NEXT PM !!!

        • You people are still trapped in ifs and buts but are not l in mood of looking that this time he did a job of belling the cat again which is considered national crime in some institutions.We have shot two PMs, one was hanged, two were thrown ousted or their govt were toppled through fixed games so they all were treated as bad as one can think of it but what CJP is doing this time is making difference not at this time but in coming years.What ever Gen beig had done in past is now proved and written as black and white that it is a crime and same military therapy is still happening in secret houses of Pakistan for next elections too.Kiayni himself is convicted of generating this NRO that enabled the most corrupt political goons to share him the govt business for favoring his part.
          so CJP has perfectly used his domain of power to highlight what is difference between crime and national interests.

  2. what about the receivers of these payments? those characters should also be named shamed and punished. Banned from future political activity! so the politics can be cleansed from the so called "leaders"

  3. Such decisions make a difference and now my effort for restoring judiciary has been proved justified.At this moment we are just able to correct our history records .How the actions would be proceeded not clear as Malik and his FIA is under control of military establishment and we all know the status and caliber of dr Malik very well.

    • Why CJ did not order action against Sharifs who took bribes in this case?SC shud hv subjected Sharifs to the same order as they did to AslamBaigh and Durrani. SC again obliged Sharifs:Justice with one eye.

      • He proceeded this part to FIA and specially rehman malik who not once but many times declared he has proven proofs of Shairf 's corruption.So what is favor in this matter and good opportunity for rehman malik to show his words to his fellow men under the tag his duty as interior minister by the order of court.
        so simple why you people are not considering it.

  4. Friendly Juduciary and Friendly Judges once again give cover up to the misdeeds of Sharifssssssssssssss. They conspired against elected Govt. yet they get no punishment at all.


    • Waisay soorat haal per ghor karain tu Kichhery ab theek thak pak gai hai. Aisi kichhery kay kisi ki samjh mei na aye.

  5. mega corrupt nawaz sharif should be disqualified for life after this verdict.he is a disgrace for politics.supreme court once again gave him a favour by giving a soft decision.

  6. I wonder how could the learned justice pass a judgement against GIK. This poor guy was not even present to defend himself. Does the judge know that he is dead.

  7. pak isi supremecourt judges etc all part of lahore ounjabi mafia even october 2012 !!!! PAK ISI are corrupt terror killers kaffirs involved in lillings kidnaps of innocents in balochistan sinndh paktoon — this judgement was pending for 16yrs in pak supremecourt –why now ?? to HELP IMRANKHAN NIGHTCLUBS AGENT TO BECOME NEXT PAK PM because all pak political parties are blamed to have received corrupt moneys ..but imrankhan corrupt millions come from JEWISH LONDON GAMBLERS –IMRANKHAN OWN ADMISSIONS — LONDON JEWISH GAMBLERS WITH DUAL NATIONALITY WITH ISRAEL !!!! NOW WE SHALL SEE IMRANKHAN TOUTS ALLOVER PAM MEDIA AND PAK INTERNATIONAL MEDIA –GEN ELECTIONS IN PAK ONLY MAX 6 MONTHS AWAY !!! NEXT PREZ OF PAK SHALL BE SC CHIEF JUSTICE CHAUDHARY appointed by PAK CEC !!AS INTERIM AND THEN CONFIRMED … IS THIS THE example PAK CORRUPT MAFIAS SEND TO ASIA AFRICA ISLAMIC COUNTRIES LOOKING UPTO PAK FOR GUIDANCE AND DIVINE LIGHT ?? LONG LIVE IMRANKHAN – CORRUPT FIRANGIGULAM DRIVEN BY JEWISH GAMBLERS MILLIONS !!!!!

  8. Though good but it is a half judgment. Why politicians who took money are not penalized the way men in uniform are punished? Present government should now initiate cases against all who took money. This is a verdict of Supreme Court which should be respected in letter and spirit.

  9. These judges are becoming dumber by the day. I need to see CJ's law diploma. I am starting to believe that he is as much of a lawyer as gillani is a doctor. We all knew from the beginning that the CJ was corrupt and inept at his job but we still gave him a second chance because we wanted to believe in him. He has let everybody down. By not going after the politicians who took the money, he has proven that either he doesn't understand the law or he is selective in his vendetta. Shame on him. Hang him along with the politicians.

    • YOU are very brave to speak the bitter harsh truth about sc cj chudhary gangsters unlimited ! ALL this drama designed to make sc cj chudhary next prez of pak and imrankhan pm ! in next 6 months !

  10. Detailed Order is yet to come – Supreme Court can still include the politicians and political parties who took heavy bribes from the army generals should be equally punished – lets see what Cheap Justice would do about these corrupt politician – well honestly speaking i have no hope from these coward judges…

  11. Give the culprit generals exemamplary punishments irrespective of their ages to prevent such incidents in future.

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