–SC gives govt week’s time to call special session of cabinet to decide action against 1990 election manipulators
–Attorney general says FIA will record statements of former army chief Aslam Beg, ex-ISI DG Asad Durrani, others
ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Tuesday gave the federal government one week to summon a cabinet meeting to determine what action to take in light of the 2012 Asghar Khan case verdict, which may also have implications for deposed prime minister Nawaz Sharif.
Declining Attorney-General Pakistan Ashtar Ausaf’s request seeking two weeks for the government to outline a procedure, the apex court noted that the ruling setup’s tenure was ending in three weeks, therefore, a special meeting of the cabinet can be summoned to decide on the matter.
The attorney general (AG) and head of the Federal Investigation Agency (FIA) appeared before the Supreme Court on Tuesday over the implementation, or lack thereof, of the apex court’s verdict in the case.
As the hearing went underway, Chief Justice Nisar remarked that the court has given its order in the case and rejected review petitions of former army chief General Mirza Aslam Beg and former Inter-Services Intelligence (ISI) DG Lt Gen Asad Durrani, accused of illegally influencing the 1990 elections.
Now, the implementation of the verdict remains, the chief justice asserted.
“To-date the federal government did not do anything,” he regretted, adding that the FIA’s probe after the verdict also ceased after a certain point. The chief justice directed the federal government to implement the court’s earlier verdict and decide what action has to be taken against the accused in the case.
“It is up to the government to decide whether the guilty should be charged with Article 6 of the Constitution or not,” he said.
The CJP observed that it is the government’s job to determine in which court former army officers are to be tried. He remarked that the federal government had decided to initiate a treason trial against former president and army chief General Pervez Musharraf.
The attorney general (AG) told the court that the FIA will now record statements of the former generals. However, the AG contended that the treason trial will commence after the FIA investigation.
Salman Akram Raja, who represented the late petitioner in the case, argued that the retired generals will face action whereas investigations will be held against the others.
During the hearing, the chief justice also admonished lawyers, including Raja, for commenting on ongoing court cases on television, terming it contempt of court. After Raja apologised, the chief justice remarked that this not about one case but pertains to every counsel.
On Monday, the Supreme Court had rejected the review petitions of the former generals against the 2012 verdict.
Dismissing the review pleas, the court had issued a notice to the AG and FIA DG to inform it of the implementation of the verdict.
FIA TO SUMMON EX-GENERALS:
Moreover, it has been learnt that the FIA has decided to summon former generals in the case to present evidence of providing money to politicians for the 1990 elections.
Sources claimed the FIA is also expected to make a new committee to probe the case in light of the apex court’s orders.
On October 19, 2012, the apex court had issued a 141-page verdict, ordering legal proceedings against Gen (r) Beg and Lt Gen (r) Durrani in a case filed 16 years ago by former air chief Air Marshal Asghar Khan.
Khan had petitioned the SC in 1996 alleging that the two senior army officers and the then-president Ghulam Ishaq Khan had doled out Rs140 million among several politicians ahead of the 1990 polls to ensure Benazir Bhutto’s defeat in the polls.
The Islamic Jamhoori Ittehad (IJI), consisting of nine parties including the Pakistan Muslim League, National People’s Party and Jamaat-e-Islami, had won the 1990 elections, with Nawaz Sharif being elected prime minister. The alliance had been formed to oppose the Benazir Bhutto-led Pakistan People’s Party.
In 1996, Khan had written a letter to the then CJP Nasim Hassan Shah naming Beg, Durrani and Younis Habib, the ex-Habib Bank Sindh chief and owner of Mehran Bank, about the unlawful disbursement of public money and its misuse for political purposes.
According to the letter, Nawaz Sharif had allegedly received Rs3.5 million; Mir Afzal Khan, Rs10 million; Lt Gen Rafaqat, Rs5.6 million [for distributing among journalists]; Abida Hussain, Rs1 million; Jamaat-e-Islami, Rs5 million and senior journalist Altaf Hussain Qureshi, Rs500,000. In Sindh, Ghulam Mustafa Jatoi received Rs5 million; Jam Sadiq got Rs5 million; Muhammad Khan Junejo Rs250,000; Pir Pagara, Rs2 million; Maulana Salahuddin, Rs300,000 and other small groups in Sindh got Rs5.4 million. In Balochistan, Humayun Marri received Rs1.5 million. The letter also contained the names of Bizenjo and Kakar tribes.
The 2012 judgement, authored by the then-CJP Iftikhar Muhammad Chaudhry had directed the FIA to initiate a transparent investigation and subsequent trial if sufficient evidence is found against the former army officers. That investigation is yet to conclude.
The seven-page short order said: “Any Election Cell/Political Cell in Presidency or ISI or MI [Military Intelligence] or within their formations shall be abolished immediately and any letter/notification to the extent of creating any such Cell/Department (by any name whatsoever, explained herein, shall stand cancelled forthwith.”