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.