ISLAMABAD:
The government may not have been willing to produce evidence of the existence of the Inter-Services Intelligence (ISI)’s notorious political cell, but the apex court still declared on Monday that the cell, if it did, or does, exist, was illegal.
The Supreme Court (SC) adjudged the political cell ‘void ab initio’ – that is, null and void from the start. If nothing else, the move is heavily symbolic – particularly with general elections around the corner. The decision was taken in a petition dealing with the intelligence agencies’ direct manipulation of the 1990 general elections – a petition commonly referred to as the Asghar Khan petition.
Despite repeated orders by the court during past hearings in the case, the attorney general failed to produce the notification under which the political wing of the ISI was allegedly established in May 1975. During Monday’s proceedings, the court had once again asked the attorney general for the notification. On another failure to produce it, a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, took its own action.
Support for democracy
The proceedings echoed with pro-democracy comments.
The court order also mentioned the disqualification of former prime minister Yousaf Raza Gilani, the SC judgment of 31 July, 2009, followed by subsequent judgments, which made it abundantly clear that the affairs of the country would only be governed strictly under the Constitution, with no interference of any nature from institutions other than those given powers under the Constitution.
“We are of the opinion that the attorney-general seeking instruction from relevant quarters including prime minister and defence authorities (armed forces) shall bring it to their notice, the dictum laid down by this court,” the court order said.
The court also added that a “Bangladesh-like model” could not be imported in Pakistan. The “Bangladesh model” is a common reference to long-standing rumours that an extended interim government, consisting of technocrats, would soon be ‘put in place’ to govern the country and fix all the problems.
Chief Justice Chaudhry also told Salman Akram Raja, the counsel for petitioner Asghar Khan, who was not present in court for the first time in the 16-year history of the case, that he was hopeful that no unwanted intervention would take place in the future.
Interestingly, the chief justice also expressed his pleasure over the election of a new prime minister and the continuity of the democratic system. Justice Jawwad S Khawaja also commented, saying that the institution, not the individual, mattered.
The notification
Meanwhile, Lt Gen (retd) Assad Durrani handed over a summary put before the relevant authorities for the creating of a political cell in the ISI. Qadir told the court that nothing substantive was found in the document.
But the court asked him to place it on record or give it to the court in a sealed envelope.
Defence Secretary Nargis Sethi told the court that she had tried her best to find the notification issued by her ministry, but failed to trace it.
She also assured the court that she would direct officials from both sides (defence and cabinet ministries) to find the required notification, adding that since it had been 38 years since the notification was issued, it was not easy to trace the record.
The bench directed Nargis Sethi to inform the court whether the defence ministry would represent the ISI and Military Intelligence in this case or if a counsel would be appointed for the purpose, so that no one could say that they were condemned unheard. Sethi said she would seek instructions from the government in this regard. The case was adjourned till July 30.
Published in The Express Tribune, July 17th, 2012.
COMMENTS (14)
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ISI is the backbone of Pakistan and its governments............
Bangladesh Zindabaad
@Mujhe hay hukm-e azaan: I agree with Khalid. Americans were not likely involved in the assassination of Zia and it must have had a domestic component. Mirza Aslam Baig was in radio contact with the plane that blew up and killed Zia. Might he not be in the know as to whose conspiracy it was?
@Mujhe hay hukm-e azaan: The assassination of General Zia ul Haq was possible through domestic collusion or it might have been totally indigenous! The United States does not kill its own people, definitely not its Ambassador. See who benefitted from Zia’s murder in Pakistan.
Soon we should have an interim technocratic set up to guide us through the next elections which ideally should be held before the year ends. If not, the country would continue to suffer.
Let me put it bluntly: Americans, jews, indians and all those who don't want stability in pakistan will always give couple of billion dollars if required to these corrupt politicians to keep them on top of our heads. This system will never bring Imran to the top and we will be suffering because of these thugs for a long time. Please don't wait for democracy to take roots in pakistan, in a country which is influenced heavily from abroad unlike indian democratic model we are trying to follow.
The apt repeated denial of "Bangla Desh Model" by the judiciary came after the Government and opposition agreed on the name of Chief Election Commissioner. Had the opposition and Government failed to appoint CEC, the choice would have gone to CJ. Subsequently, if they had failed to agree on the Interim Set Up, the choice of appointment of Interim Prime Minister would have gone to CJ through his appointed Chief Election Commission. So the move of CEC spoiled the game of Bangla Desh Model.
Thanks to the decisions taken by CJ, institutions are getting stronger in this country and not individuals. CJ has taken such bold decisions in his tenure. We Salute you for risking so much for our beloved country.
Democracy, yes but with illiterate electorate and subservience to the landlords the rich and powerful mislead the rural voters and play havoc with the country. So eliminate landlordism to have meaningful democracy. But who is going to bell the cat?
they have deliberately not produced it as it was introduced by ZA Bhutto. Do you think PPP will produce it before the court?
Should any believe that the CJ is pleased with the election of a new Prime Minister when th CJ has not given the PM time to settle in office. What a big joke.
Not normally a fan of the CJ, but admire him for his brave stand in the Asghar Khan case. Respect! sir.
@Mujhe hay hukm-e azaan: Look at the Americans today with their CIA-run policies, or the Russians, the North Koreans or the Syrians. Their policies are paralyzed by their security agencies. I agree, foreign intervention must be stopped, but engineering elections are not the answer. Pakistan's people must be made responsible for their future, it is they, through the ballot who must secure their national interest. And that is only achieved in a democratic society with an EDUCATED and INFORMED public making the right decisions and holding the government ACCOUNTABLE. Our National Interest is not and cannot be the preserve of a few.
Sir With all due respect, if you cannot stop foreign intervention in politics (killing of Zia ul haq for example) then there is no need to stop ISI from defending the interests of Pakistan. We do not trust our political representitives more than ISI.