ISLAMABAD: Announcing the short order of a 16-year-old case, Chief Justice Iftikhar Muhammad Chaudhry said the then Army chief, president and DG ISI were involved in rigging the elections of 1990 and ordered for an inquiry by the FIA against all those involved, Express News reported on Friday.
The court said that corrupt practices took place in the 1990 elections and the Asghar Khan petition was now admissible for regular hearing as it is a crucial matter of national importance.
The short order stated that a political cell was formed in the President House in 1990 and former DG ISI Assad Durrani, Army Chief Aslam Beg and president Ghulam Ishaq Khan were involved in the rigging of the elections.
The court said that the elections were influenced monetarily.
Ordering the FIA to initiate a transparent inquiry against those involved according to criminal law, the short order said that the FIA and Army can assist the civilian government but cannot interfere in it.
The court also ordered for immediate termination of any poltical or election cell operational within the Presidency at the moment.
The Mehrangate scandal emerged after the Supreme Court began the hearing of air marshal Asghar Khan’s petition in which he stated that the Inter-Services Intelligence (ISI) rigged the 1990 elections by handing out money to several politicians.
During the hearing of the case, harsh words were exchanged between Attorney General Irfan Qadir and the three-member bench of the court.
Qadir said that the Supreme Court cannot regulate the presidential office but that was what seemed to be happening here.
Expressing displeasure over Justice Jawwad S Khawaja’s statement earlier that Pakistan Peoples Party (PPP) had not done anything in four years, the attorney general said that the court should not blame the government for this. Instead, he said, the court should tell the people why the case has been pending for 16 years.
Further criticising the court, Qadir said that the judiciary had even given permission for military intervention, to which Chief Justice Iftikhar Muhammad Chaudhry remarked that he should present arguments according to his duty.
Ministry of Defence representatives were also present in the court. They told the bench that letters had been written to the Military Intelligence (MI) and Inter-Services Intelligence (ISI) with regards to the Rs80 million that were allegedly kept away.
The Supreme Court then reserved its judgement on the case and said that the short order would be announced at 12:30pm.
Earlier, former head of the MI Sindh chapter Brigadier Hamid Saeed submitted his statement claiming that the 1990 operation was initiated by the army and supervised by the MI for “national interest”.
Read the full text of the short order here.
COMMENTS (48)
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we welcome the s c decission in this case but waiting when s c will take action against those death squads who killed innocent people in c j raily in karachi.
I might not be the one who is riding the popularity wave, But Is'nt Ghulam Ishaq Khan the same man who renewed democracy in Pakistan following Zia's Death. And isn;nt Aslam the same man who held elections rather than taking over like Yahya Khan did? Just thinking outloud.
This is a conspiracy to malign very pious and great institutions of Pak Army and its ally by CIA. RAW and Mossad!
Yeah not a single mention of PML-N who made the most of it. Shameless people can't even come out to offer an apology.
thats not the decision which the pakistani nation was expecting. being citizen of pakistan we don't care who did this scam, we want our money back. SC should notify all those politicians who got the money to pay back that money to government of pakistan. but it looks chief justice is busy in scoring points for his own good and protecting NAWAZ sharif n family.
everyone is making this nation fool
Not Only NS but the PTI President Javed Hashmi should also be brought to Justice.
@Zia: "Or politicians are too powerful to be punished?? " PPP politicians can and DO get punished. Different rules when it comes to PML-N politicians. The SS son-in-law case also does not seem clean. It is only the constant persostsence of media - in particular Kashif Abbasi that is pushing the Punjab government in the correct direction.
So the Generals committed High Treason and SC does not even get the a token punishment?
How about those who make most from it?Should not they ban for life to take part in politics?
Investigation should be launched to unearth what kind of advantages these politicians get and what kind of favor they returned.
All this euphoria about justice is fine and dandy the question is "are the guilty of serious crimes even punished?" In another 16 years all these shady characters would die and disappear and none of them would go to jail, lose their perks, let alone pay back the public funds. Similarly all the rightwing corrupt politicians are getting away with one of the worst crimes against the people of Pakistan. What is the future of a country where earning dual nationality makes one unfit to serve, but getting caught stealing money, power and elections does not disqualify any politician as long as they are rightwing serving the deep state.
@Haseeb Khan: "Give respect to Gain respect" It can't be one-way traffic for judiciary.
And what about the baby boy Arsalan Iftikhar........will he be punished????
The Decision is shrouded in mystery. Nawaz Sharif took money, made IJI government, & CJ exonerate him. Durrani has been punished for speaking the truth.
I can't believe at the luck of Sharif Brothers. Or is it really luck, or the contacts, and money is talking again. Their track record of bribing judges speaks for itself.
It took to 16 year to decide whether or not case is hear able ! There are so many cases of Death sentence hanging in SC. Appeals of Prisoners of death sentence are waiting for hearing. It is noted in many cases that a prisoner completes his sentence of imprisonment and then SC hears his case. Is it quick justice leave a side cost. Matters of national importance do effect citizens but SC also consider to decide between issues and non issues.
@Haseeb Kh This court consists of a PCO judge. What goes around comes around.
as per detailed order i.e.
Mr. M. Younas A. Habib, the then Chief Executive of Habib Bank Ltd. at the direction and behest of above noted functionaries, arranged/provided Rs.140 million belonging to public exchequer, out of which an amount of Rs.60 million was distributed to politicians, whose incomplete details have been furnished by General (R) Asad Durrani, however, without a thorough probe no adverse order can be passed against them in these proceedings.
those who have taken money have been absoled.? seems as per script......
AG's a mouthpiece and money's speaking
Enquiry should also be launched against the SC judges who have failed to provide justice to the people despite clear and categorical statements of the constitution. Instead they have diverted the cases , wasted national time etc
Article 63 1 (h) of the constitution says A parliament member shall be disqualified if "he has been convicted by a court of competent jurisdication on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force;
The president is part of the parliament why this clause is not applied rather SC is always pushing to write letter against him.
or
(j) "Has been removed or compulsary retired from the service of governemnt of pakistan....on the grounds of misconduct or moral turpidue"
Why these clauses have not been implemented despite various petitions by the citizens in the courts.
The ball is in Government's Court now .
Lets see how NRO-Government implements the verdict.
BTW,the verdict is the great slap on the face of faisal raza abidi and his NRO-Master!!!
Great job by the judiciary. Judges must not involve in any political statements and the Attorney General was right to point out why this case took 16 years though still has to be resolved! Justice must be served swiftly and promptly without any bias and now judiciary should take up bribe/blackmail case of Malik and CJ's son.
@Noor: with utmost honesty and urgency.
Proud of our Supreme Court.
Put behind bars all those who did wrong. And what is the name of the General who claims to have formed IJI?. Get him also
And what about the benficiaries, who were never capable of forming the govt at their own;
This act granted them a chance to form illegitimate national govt twice;
then they looted / used the publiuc money & institutions whereas they didn't have the legitimate authority.
Every culprit should be held & their assets confiscated for the progress & flourishment of Nation, with utmost honesty.
Though CJ did a great job but I am sure one day another court will pass a judgement about his decision to take oath under PCO.
It has taken almost a decade and a half to come to this conclusion?!
SC and CJ is protecting Corrupt politicians very well. Why NS and JI politicians arent the part of investigation. Totally illogical decision by illogical court. shame on you SC.
From a Supreme Court judges who are in habit of invoking Quranic or Islamic injunctions every now or then, it is strange that they failed to invoke Quranic injunction that sees those who bribe and those who accept bribe are equally condemnable. Furthermore, terming these acts as individual not institutional means that when judges took oath over PCO it was their individual act and they should also be subjected to same treatment.
Everyone asking about punishment you guys really need to read the news, it says FIA has now been tasked to investigate, so FIA has to investigate and lay charges for trial. What SC did was paved the way for trial of all involved. Seriously guys I understand you hate army and CJ but atleast try reading thew news?
Im glad some one had finally been served justice...but if it takes more than 10 years to do so, how will that stop the current politicians from taking bribes when they will not be accountable for another 10 years?
Will NS and other IJI politicains be punished now??? Or politicians are too powerful to be punished??
@asim: You should have asked this question from Dogar court.
@Logical: And what about the Army that was giving money? What should happen to them?
good but why those champian politicians are not made part of judgment who actually recieved these handouts?
i dont support anyone but this man doesnt see corrupt practices of the two brothers. they should also been held to account but i feel he wont bring into disrepute his master. I would have supported this judgement if he had brought the two brothers under arms of law but it seems power is always with the corrupt. I hope the adjudicator goes home soon as because of him no one is interested in investing in this country.
Historic judgement..I hope the order will be implemented in letter and spirit.
Benazir gave Gen Beg a medal for promoting democracy!
so does this mean Gen Beg and Brig Durrani will face prosecution, be stripped of their ranks and privledges, return their state funded benefits and DHA plots? Oh no sorry, we only care about politicians.
those politicians who took the money against national interest should be banned forever for election
Not a new scenario in third world country! Pakistan started rigging the elections and my country Bangladesh followed Pakistan's footsteps!!! BRAVO
Good JOB CJ, now shame on all those who took that money in cluding Nawaz Sharif which become Nawaz but not sharif
Very good decision.
Let Pakistan move forward and let us hope we have very free and fair elections Let the Presidency be free of party politics
Historic Judgement thank you CJ
The court should not only tell people why the case is pending for the last 16 years but also a) The convicted and criminals are in the parliament and no steps taken to kick them out? b)The courts wasting national time pushing govertment to write letter for swiss case although the case is simple as president was convicted by Lahore high court in 1999 and hence is not eligible to hold this position c) Why Raja rental is allowed to become PM despite cases him in NAB? d) Why Election commision has failed to implement constitutional clauses?
PPP, PML Q and PTI are becoming tool of Zardari to defame every institution pakistan has. well done CJ keep working in these tough enviourrnent.
"National Interest" ???.......................
By the way AG needs to respect the court