SC issues notices to heirs after FIA recommends closing Asghar Khan case

FIA recommends closing the case due to unavailability of records

ISLAMABAD: The top court has issued notice to the heirs of the late Asghar Khan after the Federal Investigation Agency (FIA) recommended closure of the inquiry for initiating action against politicians who allegedly received money from the country’s premier intelligence agency ahead of the 1990 general elections.

A two-judge bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Ijazul Ahsan heard the matter regarding progress on the top court’s 2012 judgment’s implementation in the case, wherein it was alleged that millions of rupees were doled out to buy loyalties of politicians and public figures to manipulate the 1990 elections.

During the hearing, the report of the FIA was read, which submitted that there were gaps in statements of important witnesses and they were not in conformity with each other.

“Self-evidentiary record regarding receipt, mode and time of payments to alleged recipients is not available with the persons who have been acquainted with the facts and circumstances of the case.”

The report stated that record regarding accurate amount deposited in each alleged account was not separately visible. Even the banks concerned did not provide the complete requisite record appropriately at this belated stage i.e. 24 years later.

“All politicians who were associated with the inquiry proceedings have denied the allegation of receipt of any money.”



In the judgment issued on October 19 of 2012, the court after hearing all parties in depth had concluded that no convincing and legally acceptable evidence was brought on record by former director general of Inter-Services Intelligence Asad Durrani regarding the disbursement of amount to different persons. “Hence, at this stage evidence available with FIA is still not sufficient on the basis of which criminal proceedings may be initiated. Matter merits to be closed,” the FIA recommended.

FIA Director General Bashir Memon contended before the bench that the case was initiated on the basis of newspaper reports. He said the agency had tried to gather evidence.

Justice Ahsan observed that accused persons could not be convicted on mere news clippings.

The top court observed that since the proceedings were initiated on request of the late Air Marshal Asghar Khan, notice be issued to the legal heirs to assist about the future course.

The order said that retired officers were being probed by a Court of Inquiry of the military and necessary action would be taken by the armed forces. The hearing was adjourned for one week.