CJP orders govt to decide action against ex-generals before term ends

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LAHORE: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday expressed displeasure over the government’s failure to call a special meeting of the federal cabinet to come up with a plan of action in the Asghar Khan case.

The top court had earlier rejected a review petition filed by former chief of army staff Gen (r) Mirza Aslam Beg and former director general of the Inter-Services Intelligence (ISI) Lt Gen (r) Asad Durrani against its 2012 verdict in the Asghar Khan case, and sought a reply from the federal government regarding implementation of the court’s order.

“Why has the federal cabinet not taken any decision pertaining to the case,” questioned Justice Nisar as a three-judge bench of the apex court also comprising Justice Manzoor Ahmad Malik and Justice Gulzar Ahmed resumed hearing of the case at its Lahore Registry.

The government’s lawyer urged the bench to grant more time to hold the meeting to which the CJP said that the government does not care much for such a crucial matter. “Call for a cabinet meeting today [Thursday] evening and take a decision,” he ordered.

“Inform us of the cabinet’s decision today no matter what,” he directed the government’s counsel.

Federal Investigation Agency (FIA) Director General Bashir Memon informed the court that the agency is still conducting the inquiry.

On October 19, 2012, a SC bench headed by former CJP Iftikhar Muhammad Chaudhry directed the executive to take action against former generals Beg and Durrani for distributing millions of rupees among politicians against the Pakistan People’s Party (PPP) ahead of the 1990 general elections. The SC had also asked the FIA to probe into the matter against politicians, including Nawaz Sharif, who had allegedly received donations to spend on election campaigns in the general election of 1990.

On June 16, 1996, Asghar Khan wrote a letter to former CJP Sajjad Ali Shah which contained names of politicians who had allegedly received money from the ISI ahead of the 1990 polls. The funds were provided by Younas Habib, the chief executive officer of Habib Bank Limited (HBL), then a government bank.

According to the letter, Nawaz Sharif had allegedly received Rs3.5 million; Mir Afzal Khan, Rs10 million; Lt General 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; Mohammad 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 SC in its verdict had said former president Ghulam Ishaq Khan, army chief Beg, and ISI chief Durrani, acted in violation of the constitution by facilitating a group of politicians and political parties, to ensure their success against rival candidates in the general election of 1990.