- SC judgment awaits implementation even after five-year
Human Rights Case No 19 of 1996, Air Marshal (rtd) Asghar Khan versus General (rtd) Mirza Aslam Baig and others that laid bare the covert financial support of agencies to certain politicians during 1988 election awaits implementation even after five years.
Now that the Panama Papers case cumulated in the disqualification of Muhammad Nawaz Sharif, the Pakistan Tehreek-e-Insaf (PTI) is contemplating the idea of taking the Asghar Khan case to the top court for implementation.
Three member Supreme Court bench led by Justice Iftikhar Muhammad Chaudhry announced its verdict back in October 2012 where it clearly stated that then president Ghulam Ishaq Khan, Chief of Army Staff General Mirza Aslam Baig, ISI Director General Asad Durrani and their subordinates certainly were not supposed to create an Election Cell or to support a political party/group.
“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,” it said. 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 Baig and by General Durrani and they participated in the unlawful activities in violation of the responsibilities which is an act of individuals but not of the institutions represented by them respectively, noted herein above.
Interestingly, the Supreme Court also ordered that legal proceedings to be initiated against the politicians, who allegedly have received donations to spend on the election campaigns in the election of 1990. In order to ensure a transparent investigation on the criminal side, the court ordered the Federal Investigation Agency 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 the civilians and ex-army men whose names surfaced in the Asghar Khan case.
Reportedly, the main reason behind the delay in conclusion of the investigation is a review petition filed by General Baig in the Supreme Court. While the review petition remains pending, the former army chief remains reluctant to record his statement till his petition is decided.
When contacted, Advocate Chaudhary Faisal, who was PTI’s counsel along with Naeem Bukhari in the Panama Papers case, was of the opinion that previously the party was busy and soon will pursue the Asghar Khan case as well. “The verdict is very clear in Asghar Khan case. It has tasked FIA to investigate and collect the evidence pertaining to those who gave and those who received money and initiate legal action,” Advocate Mushtaq Ahmed said.
However, the investigation was yet to be concluded. “More than half a decade has passed now, yet the investigation is ongoing and far from completion,” he said. He was of the opinion that only if Asghar Khan case had been probed thoroughly and culprits had been punished accordingly the people Pakistan would have been spared the spectacle of the Panama case.