In a startling denial, defence authorities informed the apex court on Wednesday that no political cell exists in the country’s premier intelligence agency.
The ministry of defence, in a written statement submitted at the Supreme Court, stated that no political cell is currently operating in any department of the defence ministry.
A three-judge bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, was hearing the 1996 petition filed by former air chief air marshal (retd) Asghar Khan, who had accused the Inter-Services Intelligence (ISI) of financing politicians in the 1990 elections.
The bench, however, reminded the ministry’s counsel that a statement submitted in 1997 had affirmed the existence of a political cell in the ISI.
Dissatisfied by the ministry’s statement, the court decided to summon the defence and interior secretaries again.
Interior Minister Rehman Malik, who was present in the courtroom, assured the bench that he will ask both secretaries to appear before the court.
Lack of interest
Commander Shahbaz, Director Legal at the defence ministry, told the bench that the ministry had confirmed the information from the ISI before submitting its response.
Justice Chaudhry asked him to submit the statement, regarding the non-existence of a political cell in the ISI, duly signed by the defence secretary.
“It is a matter of concern for us to see lack of interest on the part of the executive and defence authorities in this case,” the chief justice said.
It is the task of executive authorities to ensure the implementation of court’s judgments but the situation here appears to be otherwise, he added. Justice Chaudhry said he wondered how he could refer this case of financial misappropriation involving top public officials to the National Accountability Bureau, since nothing has been done in the earlier referred cases of rental power projects, illegal appointment of the Ogra chief, and Nato container cases.
Earlier confirmations
During previous hearings, the attorney general was asked by the court to produce the notification of the formation of a political cell in the ISI, but to no avail.
Akram Sheikh, representing former army chief Gen (retd) Mirza Aslam Beg, had said that in 1997, then-cabinet secretary, Hassan Raza Pasha, had placed certain documents on record before the then-Supreme Court bench.
The documents, according to Sheikh, might have contained the notification regarding the setting up of the political cell.
Meanwhile, ISI’s former director general Lt Gen (retd) Asad Durrani had also submitted a summary that was sent to former premier Zulfiqar Ali Bhutto for the formation of a political cell in ISI.
Deliver the judgment
Salman Akram Raja, counsel for Asghar Khan, asked the bench to deliver its judgment and then leave the task of implementation to the executive authorities.
Raja called for an apex court order to armed forces’ personnel to not obey illegal orders of the high command.
He also called for disciplinary action against officials who violated their oath.
The court will take up the case again on Thursday.
Published in The Express Tribune, October 4th, 2012.
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The very initiator of this whole melodrama is enjoying the view from a safe distance. So many questions keep popping in the mind. . Why was Asghar Khan eased off well before the commencement of the 65 War by "Daddy" Ayub Khan? . Hadn't a chummy chummy relationship developed between ZAB and Nur Khan already in the early sixties? . While both ZAB and Asghar Khan claimed working for the greater interest of the nation, they tried to bring each other down come what may. . Not many would praise ZAB for his Machiavellian manipulation of political scene in the country but Asghar Khan kept on playing the role of spoil sport all the time. He continued with the same agenda even when the daughter ascended the throne. . I have this nagging feeling that we are not being told the whole story. Has it been more than just a conflict of egos?