- Fresh efforts to enforce SC’s 2012 verdict in Asghar Khan petition
The decision of the Supreme Court in 2012 in the case filed by late Air Marshal Asghar Khan in 1996, regarding ‘moneybags’ inducement to politicians to influence outcome of 1990 general election by a troika of the then president, army chief and DG, ISI, was late in coming but it was historic all the same. During the time the case was taken up, the first of the trio was deceased, but the latter two individuals confessed their unconstitutional action before the court, which admonished them for bringing shame upon their institution and recommended to the PPP government, which was the target of the sleazy conspiracy, to take legal action against them. Since then the case has proceeded in fits and starts, but the bottom line is that the 2012 verdict still remains unimplemented. Behind the reasons for the unfinished business are apparently the larger question of ‘priority of influence’ between the state and martial institutions, and secondly, partly also due to the above anomaly, the inability or unwillingness of the tasked investigating body, the Federal Investigating Agency, to fulfill its duty whole-heartedly in pursuance of court orders.
The FIA maintains that sufficient evidence in black and white which can stand in court is not available to successfully initiate criminal prosecutions against the named politicians, most of whom deny involvement in the slush fund. ‘Signed and stamped’ receipts are obviously not forthcoming, bank officials and relevant record of long ago difficult to trace, and the names of intelligence operatives actually making payments withheld. But despite all FIA’s efforts to close the case, including a failed request to Asghar Khan’s heirs and an ‘innocent’ SOS to the three bench apex court now hearing the case for its ‘help and guidance’, the court on Monday’s hearing firmly refused to take ‘no’ for an answer any more. The ministry of defense was queried about current status of court martial proceedings, if initiated, against the guilty officers, for which the former has requested four weeks period. So, it’s back to the grindstone for FIA, and the landmark case hopefully headed towards a denouement this time. Only then will the spirit of Asghar Khan be at peace.
