SC issues notice to Nawaz in Asghar Khan case

Bench headed by CJP set to resume hearing

ISLAMABAD: A three-judge bench of the Supreme Court, headed by Chief Justice Mian Saqib Nisar, is all set to resume hearing of the Asghar Khan case today.

Notices had been issued to 30 individuals, including deposed prime minister Nawaz Sharif. However, they are not required to appear in person before the court.

On June 16, 1996, Asghar Khan had written a letter to then CJP Sajjad Ali Shah which contained names of politicians who had allegedly received money from the Inter-Services Intelligence (ISI) ahead of the 1990 general elections. The fund was allegedly provided by Younas Habib, the then chief executive officer of Habib Bank Limited (HBL), which was a government bank at that time.

According to the letter, Sharif had allegedly received Rs3.5 million, Mir Afzal Khan Rs10 million, Lt Gen Rafaqat Rs5.6 million [for distributing among journalists], Abida Hussain Rs1 million, the Jamaat-e-Islami Rs5 million, and senior journalist Altaf Hussain Qureshi Rs500,000.

Moreover, in Sindh, Ghulam Mustafa Jatoi received Rs5 million, Jam Sadiq Rs5 million, Muhammad Khan Junejo Rs250,000, Pir Pagara Rs2 million, Maulana Salahuddin Rs300,000 and other small groups were given Rs5.4 million.

In Balochistan, Humayun Marri received Rs1.5 million. The letter also contained the names of Bizenjo and Kakar tribes.

The top court had, in its verdict announced in November 2012, said that former president Ghulam Ishaq Khan, former army chief General (retd) Mirza Aslam Beg and former ISI chief Lt Gen (retd) Asad 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 1990 general elections.

The court had also said that president, being head of the state in the parliamentary system of government, represents unity of the republic under Article 41 of the Constitution; and according to the oath of his office, he will do right to all manner of people, according to law, without fear or favour, affection or ill will.

The seven-page short order, authored by former CJP Iftikhar Chaudhry, read, “Any Election Cell/Political Cell in Presidency or ISI or MI [Military Intelligence] or within their formations shall be abolished immediately and any letter/notification to the extent of creating any such Cell/Department by any name whatsoever, explained herein, shall stand cancelled forthwith.”

The court also held that the involvement of the officers or members of secret agencies in unlawful activities, individually or collectively, called for strict action ‘being, violative of oath of their offices’, and if involved, they are liable to be dealt with under the Constitution and the Law.

“The citizens of Pakistan as a matter of right are free to elect their representatives in an election process being conducted honestly, justly, fairly and in accordance with the law,” it had said.