Asghar Khan case: SC wants memo on formation of ISI’s political cell

Court says 1975 notice by ZA Bhutto must be studied to understand why it was passed.

ISLAMABAD:

In an effort to unravel the truth behind the political cell in the Inter-Services Intelligence (ISI), the Supreme Court has asked the government to submit the notification under which it was allegedly created by Zulfikar Ali Bhutto in May 1975.

A three-member bench of the apex court headed by               Chief Justice Iftikhar Mohammad Chaudhry, while hearing Air Marshal (retd) Asghar Khan’s petition against the military’s interference in the 1990 polls, observed: “We cannot comment on the political cell in the ISI until we do not read the notification [which explains] under what circumstances [it was] created and about its mandate.”

Justice Chaudhry requested Attorney General (AG) Irfan Qadir to assist the court in acquiring a copy of the notification.

The attorney general was unable to tell the bench whether the notification was issued under any statutory regulations or by then chief executive Bhutto. The chief justice observed that such notifications are usually issued by the executive authorities.

According to the petition, millions of rupees were distributed among a number of key politicians by the country’s premier intelligence agency and the army in a bid to rig the 1990 elections and prevent the Pakistan Peoples Party (PPP) from winning.

When Justice Jawad S Khwaja asked the AG if this political cell of the ISI was still operating, he replied: “Only the government can answer this.”

To which Khan’s counsel, citing references from a book by Shuja Nawaz and brother of former army chief General Asif Nawaz, said that the political role of the intelligence agencies started in the 1970s.

The defence ministry has been asked to produce a statement on the allegations made by former ISI chief Lt Gen (retd) Assad Durrani regarding the involvement of the ISI and Military Intelligence (MI) in rigging the 1990 parliamentary elections. The court also issued a notice to Commander Shahbaz of the defence ministry to clear his position whether he was representing the ministry or not.

‘Missing reports’

During the hearing, the AG informed the court that despite efforts, official records of the case could not be traced by the law and interior ministries, adding that the authenticity of the Mehran Bank inquiry report could also not be ascertained -- in the absence of original records.

A visibly perturbed bench then asked the AG how long would the government stretch the issue by seeking unnecessary adjournments. Asghar Khan’s counsel Salman Akram Raja suggested the court to approach the signatory members of the commission for the authenticity of the bank’s report. However, the court summoned the law secretary on short notice.

Law Secretary Yasmin Abbasi informed the court that the inquiry commission’s reports on Mehran and Habib banks were yet to be traced from the official records. In reply, the court directed the State Bank governor to assist it with records related to this case.

Published in The Express Tribune, May 18^th, 2012.