Gen Beg files review petition in Asghar Khan case

Gen Beg says elections rigging can only be determined by payments made to political parties contesting elections.

ISLAMABAD:

Former army chief Gen Mirza Aslam Beg filed a review petition against the Supreme Court’s ruling in the Asghar Khan petition, saying he had no authority to question the orders and authority of the president.

The apex court, in its October 19, 2012 verdict, declared the former army chief guilty and recommended action against him for his alleged involvement in rigging the 1990 general elections.

The court had also observed that illegal orders were not worthy to be obeyed.

However, Gen Beg stated in his review petition on Wednesday that as the chief of army staff he “had no constitutional jurisdiction to question the president and to challenge his orders or instructions to the Inter-Services Intelligence chief”.

The review petition, comprising 26 arguments, stated: “Some findings recorded with regard to the petitioner are a result of obvious errors apparent on the face of record.”

It prayed the court to review its judgment “to the extent that all findings/observations/remarks given against the petitioner regarding involvement in the matter of furnishing and distributing funds or taking instructions from the president or giving instructions to [the] DG ISI … may kindly be deleted/modified/expunged.”

Gen Beg submitted that “the principle as to when a command/order or a superior may not be followed is limited to those extreme cases where a command is patently and manifestly unlawful on the face of record and perpetuates a criminal offence or an offence against humanity.”

“The case against the petitioner is not that the petitioner received any instructions/orders from the president. The case, at best, is that he had knowledge as regards to the instructions/orders of the president to the DG ISI.”

Gen Beg added that whether the elections were rigged or not can only be determined by payments made to political parties contesting the elections.

“To date, no trial has taken place against any of the alleged beneficiaries nor has it been proved whether any money was given to them, and if so for what purpose.

Without a decision on this matter the allegations of rigging or the petitioner’s involvement cannot be established,” the petition added. Gen Beg also said that the appropriate forum against him was the Army Act.

Published in The Express Tribune, November 22^nd, 2012.