- The landmark judgment by SC awaits implementation to date
Human Rights Case No 19 of 1996, Air Marshal (retd) Asghar Khan versus General (retd) Mirza Aslam Baig and others, commonly known as Asghar Khan Case and that laid bare the covert financial support of agencies to certain politicians during 1988 election, awaits implementation even after five years.
A three-member bench of Supreme Court of Pakistan, led by Justice Iftikhar Muhammad Chaudhry, announced its verdict back in October 2012 where it clearly stated that then President of Pakistan Ghulam Ishaq Khan, Chief of Army Staff General Aslam Baig, DG ISI Asad Durrani and their subordinates certainly were not supposed to create an ‘Election Cell’ or to support a political party/group of political parties, because if they do so, the citizens would fail to elect their representatives in an honest, fair and free process of election, and their actions would negate the constitutional mandate on the subject.
The verdict also established that during General Elections of 1990, an Election Cell was established in the Presidency to influence the elections and was aided by General (retd) Mirza Aslam Baig who was the Chief of Army Staff and by General (retd) Asad Durrani, then Director General ISI, and they participated in the unlawful activities of the Election Cell in violation of the responsibilities of the Army and ISI as institutions which is an act of individuals but not of institutions represented by them respectively, noted herein above.
Interestingly, the Supreme Court also ordered that legal proceedings to be initiated against the politicians, which included Prime Minister Nawaz Sharif, who allegedly have received donations to spend on election campaigns in the General Election of 1990.
In order to ensure a transparent investigation on the criminal side, the Court ordered Federal Investigation Agency (FIA) to initiate an investigation against all of those involved.
The court ordered FIA that if during their investigation sufficient evidence surfaces, all the accused be made to face the trial, according to the relevant law of the land.
In the aftermath of the verdict, an inquiry has been initiated by the FIA. A three-member investigation team has so far been able to record the statements of both civilians and ex-army men whose names surfaced in the Asghar Khan Case including Prime Minister Nawaz Sharif, Asad Durrani, Younis Habib and others.
Reportedly, the main reason behind the delay in conclusion of investigation is a review petition filed by General (retd) Mirza Aslam Baig in Supreme Court of Pakistan. While the review petition remains pending, the former army chief remains reluctant to record his statement till his petition is decided.
‘The SC verdict is very clear in Asgher Khan Case. It has tasked FIA to investigate and collect the evidence pertaining to those who gave and received money and initiate legal action. However, the investigation is yet to be concluded. More than half a decade has passed now, yet the investigation is ongoing and far from completion,’ said Advocate Supreme Court Mushtaq Ahmed while talking to Pakistan Today. Ahmed was of the opinion that only if Asghar Khan Case had been probed thoroughly and culprits had been punished accordingly, the people of Pakistan would have been spared the spectacle of Panamagate.
