SC issues detailed verdict of Asghar Khan case

The Supreme Court (SC) issued 50-page detailed verdict in Asghar Khan case regarding the manipulation of 1990 general elections through political funding by Inter-Services Intelligence (ISI).
A three-judge bench comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain issued the short order after hearing a petition filed in 1996 by former Air chief Asghar Khan.
The SC’s Registrar Faqir Hussain said Urdu version of the verdict has also been issued to avoid confusion.
The Chief Justice Chaudhry wrote the 50-page verdict.
The apex court, in its 16-page short order issued on October 19, asked the federal government to investigate the distribution of money among politicians during the 1990 general elections.
After hearing a petition filed by Air Martial (retd) Asghar Khan pertaining to allegations against the ISI of distributing money among politicians before general elections of 1990, the bench said in its order, “The general elections held in the year 1990 were subjected to corruption and corrupt practices as in view of the overwhelming material produced by the parties during hearing it has been established that an Election Cell had been created in the Presidency, which was functioning to provide financial assistance to the favored candidates, or a group of political parties to achieve desired result and to deprive the people of Pakistan from being represented by their chosen representatives.”
Khan in his petition accused the ISI of dishing out Rs140 million to create the Islami Jamhoori Ittehad (IJI) and prevent PPP from winning the polls.
In its short order in Asghar Ali Khan case, Chief Justice Iftikhar Muhammad Chaudhry directed the government to remove political cells from all the agencies.
The court said that the money given to politicians should be taken back along with interest.
The Supreme Court said that action should be taken against former army chief Aslam Beg and ex-intelligence chief General Assad Durrani. He said that actions of Gen Beg and Gen Durrani damaged the reputation of army and ISI.
“ISI or MI may perform their duties as per the laws to safeguard the borders of Pakistan or to provide civil aid to the Federal Government, but such organizations have no role to play in the political activities/politics, for formulation or destabilization of political Governments, nor can they facilitate or show favour to a political party or group of political parties or politicians individually, in any manner, which may lead in his or their success,” the court said in its order.
The court also ordered initiating action against Younus Habib, the Chief Executive of the Habib Bank who distributed the money in 1990 on behest of the ISI.
“M. Younas A. Habib, the then Chief Executive of Habib Bank Ltd. at the direction and behest of above noted functionaries, arranged/provided Rs.140 million belonging to public exchequer, out of which an amount HRC 19/1996 5 of Rs.60 million was distributed to politicians, whose incomplete details have been furnished by General (R) Asad Durrani, however, without a thorough probe no adverse order can be passed against them in these proceedings. It said that Federal Investigation Agency (FIA) should investigate the distribution of money.”
The apex court delivered its order after hearing Attorney General of Pakistan and defence officials today.
“It has also been established that late Ghulam Ishaq Khan, the then President of Pakistan with the support of General (R) Aslam Baig, General (R) Asad Durrani and others, who were serving in M.I and now either have passed away or have retired, were supporting the functioning of the ‘Election Cell’, established illegally.”