ISLAMABAD: The Supreme Court on Tuesday directed the federal government to summon cabinet meeting within a week and determine procedure for implementation of the top court’s 2012 verdict in Asghar Khan case, involving the role of former army chief General Mirza Aslam Beg and former Inter-Services Intelligence (ISI) chief Lt Gen Asad Durrani’s in manipulating 1990s elections.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Badial and Justice Ijazul Ahsan directed the federal government to implement the court’s verdict in Asghar Khan case and decide the course of action to be taken against the accused in the case.
At the onset of hearing, the chief justice noted that the court had rejected the review pleas of former army chief General Mirza Aslam Beg and former ISI DG Lt General Asad Durrani filed against the top court’s verdict in the Asghra Khan case.
“It is the government’s responsibility to implement the verdict,” the chief justice observed. He regretted that the federal government did nothing to implement the verdict despite the lapse of over five years. He said court verdict should be implemented in letter and spirit.
He noted that although the Federal Investigation Agency (FIA) started a probe after the verdict, but later stopped it. He observed that it was the government’s responsibility to determine that how and in which court former army generals have to be tried.
He noted the high treason trial against former president and army chief General Pervez Musharraf, was also initiated by the federal government.
Appearing on notice, attorney general Ashtar Ausaf Ali requested the court to grant the government two weeks to outline a procedure for implementation of the verdict.
The chief justice, however, rejected his request, noting that the prescribed period of the verdict was ending in three weeks, ergo a special meeting of the cabinet be summoned in a week to outline the procedure for in letter and spirit implementation of the verdict.
The attorney general stated that the statements of Gen Beg and Gen Durrani had not been recorded due to pendency of their appeals in the apex court. He said FIA would record statements of the former generals, as their review pleas had dismissed.
He, however, stated that the treason trial would commence after the FIA investigation. A counsel representing Gen Durrani stated that the trial of former army generals would have to be conducted under the army act.
Advocate Salman Akram Raja, who appeared for the late petitioner in the case, argued that according to the verdict, the retired generals would face action whereas investigations would be held against the others. He said it was a criminal matter as it involved sabotaging of the constitution.
He said that high treason trial under Article 6 of the constitution could be conducted in the matter. He said it was yet to be determined that which type of crimes/offences could be tried in military courts. He said the crime committed by former army generals should be examined under the army, act, election act and the constitution. He said big revelations surfaced before the court during the hearing of the case.
The chief justice noted that it was yet to be determined whether trial of the matter could be conducted under Article 6 of the constitution or not. The attorney general then stated that criminal trial would be conducted after the FIA’s investigation.
Earlier on May 7, the SC dismissed the review petitions of General Beg and Lt Gen (r) Asad Durrani against the top court’s ruling in the Asghar Khan case.
On October 19, 2012, the top court handed down a 141-page verdict under the then chief justice of Pakistan Iftikhar Muhammad Chaudhry declaring that 1990 elections were rigged. The court had ordered the FIA to investigate into the matter, adding that, if evidence was found against anyone, action should be taken against them.
The court ruled that there was ample evidence to suggest that the 1990 election was rigged and that a political cell maintained by the then president Ghulam Ishaq Khan supported the formation of the IJI to stop a victory of the PPP.
The court ruled that the election cell “was aided by General (r) Mirza Aslam Baig and General (r) Asad Durrani in violation of the responsibilities of the Army and ISI”.
The court also ruled that political cells of the ISI and the President House should be abolished and ordered the government to take legal action against former retired generals involved in the corruption as well as against Younus Habib, former president of the now defunct Mehran Bank.
In his petition, Asghar Khan had requested the court to look into allegations that the ISI had financed many politicians in the 1990 election by dishing out Rs140 million to create the Islami Jamhoori Ittehad (IJI) and stop Benazir Bhutto’s PPP from coming to power. The petition was based on an affidavit of Durrani.
Published in Daily Times, May 9th 2018.