Asghar Khan case: SC orders probe into Rs270m distribution allegations
The Supreme Court registrar briefed the media on the 151 pages long verdict.
The verdict also contains Brigadier Hamid Saeed's diary which contains details and names of those involved in the alleged distribution of money.
Today's verdict serves as an elaboration on the short verdict announced earlier and is penned down by Chief Justice Iftikhar Muhammad Chaudhry.
Last month, the Supreme Court announced a short judgement where it held two retired military generals, Director General ISI Lt Gen (retd) Asad Durrani and Chief of Army Staff Gen (retd) Aslam Baig, responsible for bribing politicians in order to rig the 1990 general elections.
The apex court had directed the FIA to probe charges against Baig and Durrani for rigging the elections as well as an investigation into the accused politicians who were allegedly bribed by the two generals.
Federal Investigation Agency (FIA) officials earlier said they cannot launch an investigation into accused politicians in the Asghar Khan case until a detailed verdict was announced.
Read the detailed verdict here.
COMMENTS (39)
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@Mirza: The SC has held that unlawful orders by superior military officers or their failure to prevent unlawful actions by their subordinates were culpable. The decision of an individual whether an order is unlawful or otherwise will be based on his personal interpretation/information of constitution and law.A group can opine that the given order is lawful and the other could say, it is not. If both resort to use of force to implement their respective point of view, ostensibly to prevent the other from acting unlawfully,it is likely to result in destruction of forces and National Security.That's why sedition is a crime in many countries. To my knowledge it has been abolished in UK in 2009.You are also requested to go through my reply to an earlier brother reader naeem khan Manhattan,Ks comments on my point of view.
@naeem khan Manhattan,Ks:Pakistan army and its officers are not above law.USA is a well developed country with its own history,values,traditions,constitution and set of laws.Pakistan is still in the process of evolution. However,attention is drawn to US Code-Chapter115:Treason,sedition and subversive activities(18U.S.C.section2387:Activities affecting armed forces generally) (a)...(1) advises,councels,urges,or in any manner causes or attempts to cause insubordination,disloyalty,mutiny,or refusal of duty by any member of the military or naval forces of the United States or(2)...shall...or imprisoned not more than ten years...(b)... Please go through the judgement of Pakistan SC and make an opinion whether the judgement incite the forces or not and whether the judgement may have committed an act of sedition even as per the US laws or not.It should be taken into account that decision whether an order is unlawful or lawful has to be taken by an individual/group based on his/ her personal interpretation/information of the constitution/law and could be wrong. But it can certainly wreck the forces and security of a country. Thanks.
@MAD:
Hashmi being tried and acquitted? Where, when and how? If that is the case then why isn't there any mention of your claim in the SC's detailed order? If the wise men sitting in SC displayed such a gross oversight or lack thereof; you might perhaps would be very kind to share the acquittal order of Hashmi with us on this forum.
Hashmi has been crying on top of his lungs since March this year, painfully recreating the events of yesteryears and claiming innocence on the basis of naivety and gullibility. If according to you he was tried and acquitted by the courts, he could have simply flashed the court orders around on print and electronic media and shutting the trap of his detractors.
NS and JH being named by the same man. Either both are guilty or both are innocent. Oh BTW Hashmi has already been tried and acquitted on this count hasnt he?
In 1990 elections IJI chief was Ghulam Mustafa jatoi. PML as its constituent party was led by Muhammad Khan Junejo. PML(N) was not even in dreams at that time. As a matter of fact Ghulam Mustafa Jatoi was the choice of Ghulam Ishaq Khan and co for premiership. How NS made his way to PMship against the will and tricks of establishment is well summarised by "aik bahadur aadmi" in his book.
Now come on PTIan bros and say that "bahadur aadmi" is a liar and has stated wrong facts in his books just to make his then leader happy :-P
@ahsan, that's why you could not understand my post. A kindergarten kid can't understand even 2nd graders talk. You need some burnol bro :-)
@adnan, PTIans are in a fix today. If they accept younis habib's statement then their president is culprit of getting crores while NS got 35 lac. If they ignore younis habib for the sake of "bahadur aadmi" then only evidence against NS is nullified while "bahadur aadmi" still has witness against him. Tough luck PTIans :-P
@zaigham:
And the only remaining cog in this hilarious comedy club is Yunus Habib who first named Altaf Hussain as one of the beneficiaries but once a Raw Silk Bori was flashed in his direction; he ended but recanting this claim. The whole case (or whatever is left of it) is being based upon the testimony of a character like Yunus Habib who was jailed for financial misappropriations, who by his own accounts provided massive funding to PPP during the 1993 political crisis and destabilizing provisional governments led by PML-N.
Man o man, I am sure that a guy like Yunus Habib - a man of such impeachable character would surely be hailed as a man who stood up against the status quo and one wouldn't be surprised if he makes a grand entrance in any of PTI's future "Sunday Ka Sunday Funday" and submits himself to CHANGE and SOO-NAMI :D
@Zaigham: I am glad you have nothing to do with the judicial system because your deductive skills are comparable to a 2 yr old.
@Muneer: You write "The judgement incite forces to disobey orders of superior if he considers it unconstitutional. It has very serious implications."
Disobey the orders of superior if they are unconstitutional! Is the primary oath of every soldier does not ask them to uphold the constitution? The constitution is superior to the big fat boss every time. If it were not the case and practice then the US/UK or any other country's general could ask their subs to arrest the elected head of the state. On the contrary if they do order their own subs would arrest them at once. This is the primary difference between Pakistan and other civilized democracies. Even in Pakistan if a general asks his sub to go and kill his family the sub would not do that. The constitution is more sacred than one's own family but not in Pakistan. Not too many army men are willing to lay their lives for the constitution of Pakistan. Regards, Mirza
Gen Aslam Baig : NS didn't take any money Gen Durrani's affidavit : no mention of NS Brig hamid's affidavit : no mention of NS case closed :-)
Adnan Siddiqui is absolutely right. Ameer-ul-Momineen Hazrat Maulana Nawaz Sharif Mudzillah have nothing to with ISI's money. IK is 100% resposnsible for this fiasco. What was he doing bowling his ineffective medium pace against world's best in 1990, and having sexy time with ladies world over. If this country need to progress IK and his cyber trolls (everyone who supports him and has a internet connection is a troll) need to be 'droned'. Daikho Daikho Kaun Aaya, Shair Aaya Shair Aaya.
@Adnan Siddiqi: Wow, you are something my friend, the crux of your argument is that nowhere in the decision NS is mentioned hence he should not be pointed at and the only scenario in which he should be discussed is after IK (some cheap name calling from you) sidelines JH. Ignorance is indeed a bliss, no doubt, you show it clearly. Firstly, two wrongs don't make a right if JH took money he should be tried as much as the WHOLE, read again, WHOLE, IJI government that took oath irrespective of whose name is in the list or which list matches which list. The rigging was not done on behalf of NS or JH it was done on behalf of IJI, no doubt you can't see that the very basics and cornerstone of PML-N's existence is establishment and rigging. Your name calling rhetoric suggests your obsession with PTI and your next to blind faith in a corrupt setup, not the other way round. By the way before you go ballistic I am not a PTI supporter, I just believe that argument should be done with merit and etiquette and when I come across somebody of your stature, it makes me sad.
@Adnan Siddiqi: You made my day!
please read page 134 based on the diaries of Brig. Hamid Saeed Akhtar. You will not see the details of funds disbursed to NS but you would however come across a name which is considered to be a fountain of Honesty and patriotism....A hint....AIK -------- AADMI
when is the retarted aadmi going resigning from presidentship of the revolutionary party ???
I think this a great step forward, however, i thought the Asghar Case was about irregularities in 1990's election and the conduct of military leadership, the government, and political parties.where did this probe for IB's conduct came from and why the events during the Governor rule in Punjab in 2010 tight to this issue. I am all for a probe and also judicial inquiry into IB's role, but do not see a co relationship here... am i missing something?
Again proven that Generals are responsible for all the ill of our country as they are the ones who curropt the politics and will tell us the we have imposed martial law becuase politicians are curropt. In this case too, politicians will be punished whereas generals will be left of the hook as it will demoralize our brave Army which has won all four against India.
@Muneer: They do it in other countries specially in the USA, the soldiers are suppose to refuse the illegal orders given by their officers and this is one of the foremost reason that the Generals are commanded and subordinated by civilians ie. the President and his Defense Secretary but then it was not the soldiers who did the wrongdoings but the chief of the Army and head of the ISI and the junior officers are as guilty as they knew fully well that they were violating the laws and the constitution of the land but of course Pakistani Army and it's officers are above the law.
Those who give and receive bribes are guilty in Pakistani laws as well as in Islam and they should be prosecuted regardless who they are otherwise the law of the land will never be taken seriously for decades to come and as far as Islam is concerned, Pakistanis has their own 'made in Pakistan Islam". It is time that Pakistanis start making people accountable for their miseries and the wrongdoings inflicted on them. The Generals should be brought to justice and those politicians who got the tax payers money in bribes should be disqualified for years from participating in elections, they must not go scot free. Pakistanis,please stand up once in your life time and uphold your constitution.
We can fully understand why PML N is suffering from severe diarrhea both verbal and actual......They were posing the so called "torch bearers" of a prosperous Pakistan but SC simply exposed them bare in public. Those who are saying that Shariefs have nothing to do with this can plaese tell us: 1. Who is the biggest beneficiary of this money distribution by ISIS: Ans: Nawaz Sharif since he was abkle to muster a majority in 1990 at the behest of ISI and GIK. 2. SC has declared 1990 elections as fraudulent....then who was teh farudulent PM as reult of those elctions.... Ans: Sher e Punjab , Nawaz Sharif 3. Nawaz Sharif as already accepted in front of many journalists ( Arif Niazami recently wrote this in his artice and even talked about it in is program) that he took money. SHould he not be tried????
STarting from IJI, Changa Manga to Bakery case Nalaiq and corrupt league has not learnt anything and now they want to lead the country again........Shame on such jackals......
@Adnan Siddiqi: Wow mate, you were quick to read the 151 page long verdict. You have read it ... right? No?
My sincere commiserations to the "Ranting Brigade" but instead of attacking me; y'all are better advised to dissect the merits of my argument instead of illuminating your mental degeneration.
Mian brothers will be having sleepless nights
Nothing will happen these culprits will turn up for election and their followers will vote for them again and will come into power people will continue to suffer perhaps they deserve them.
Also to all the Army haters...please check wht Benazir did...She acutally wrote a letter to the US President and informed him about our NUCLEAR situation. She actually openly sold Pakistan.... When Army broke the constitution to stop her...they became the bad guys...I wish Benazir was alive and was tried for treason for such an action.
@Adnan Siddiqi: Your cult leader has already said that everyone has made mistakes(committed crimes) in the past.
@Adnan Siddiqi: You obsession with PTI is mind boggling clear cut evidence that you cult leader took money and was supported by the establishment yet you want to bring PTI into this just makes you look like a frustrated cult follower.
@Adnan Siddiqi:
you really love Nawaz really...I dont know which proves do our people need. Its just sad...i pretty sure you will vote NS again..and the lover of PPP will vote them again...so who is actually responsible for our situation the Army or WE OURSELVES!!!!!!
SIDDIQUI--NAWAZ who become pm in 1990 via election rigging with finance help from establishment there are many who own oath confirmed given 35 lac to this chor including durrani even abida hussian confirm receiving 10 lac and willing to pay back with interest but this chor will never own up to his crime
Bye bye sharif group of companies Ltd
We must punish all the people who recieved money!! But the Generals who were giving out money must not be held to account as we would not want to demotivate our brave soldiers!
To the propagandist posse of PTI - Either y'all haven't read the detailed judgement or you folks are still paying the price of dropping out of Junior High School and dedicating your life to the cause of lying on behalf of Mr. Imran "Jihad" Khan.
No where has the order stated that NS took money from anyone. SC's detailed order has incorporated affidavits from different people who claimed to have provided funds to different politicians and not one list of names matches with the other. The most important affidavit is the one originally submitted by Gen. Durrani to PM BB in 1994 and in the whole of that affidavit, NS's name does not feature anywhere. Interestingly, this affidavit was sat upon for a good two years and it wasn't until 1996 that Gen. Nasirullah Babar made this matter public in NA by presenting a cooked up list made in connivance with Yunus Habib and inserted names of major anti-PPP politicians including NS and attributed this phony list to Gen. Durrani's affidavit of 1994.
Going forward, in the same detailed order - the court observed the diaries of Brig. Hamid Saeed Akhtar as well wherein he had recollected in front of the honourable court that a certain Javed Hashmi a.k.a Baaghi awashed himself with state funds amounting to Rs. 50 million which was disbursed to him by Yunus Habib through a Yusuf Advocate.
In conclusion, can someone from the Insafi Gang inform us that in light of this "Sacred Observation" by the learned court; when is the erstwhile Holier than Thou and the most Pious and Righteous Hazrat Mufti Imran Khan Niazi going to sideline Javed Hashmi for this "Crime?"
Ignorance can be such a Bliss!
To declare Beg and Durrani guilty, the late President is found guilty without hearing. The judgement incite forces to disobey orders of superior if he considers it unconstitutional. It has very serious implications. An act of sedition has been committed.
@All those bashing PML-N leaders, brothers every leader here (including IK) is involved in moral or financial corruption, we have to choose among these unfortunately.
SC has found 2 of the Ali Baba and Chalees Chores. 38 more to go.
So SC has mentioned in its detail judgement that Nawaz Sharif received Rs. 3.5M. If somone still supports PMLN than APP KA ALLAH HI HAFIZ HE.
So SC has mentioned in its detail judgement that Nawaz Sharif receive Rs. 3.5M. If some one still supports PMLN than APP KA ALLAH HI HAFIZ HE.
End of days for Sharif & Sons pvt Ltd
Its a same old story, no probes by FIA will be carried out and like other [ast cases nothing will come out of it.
Bravo....go SC go....