Asghar Khan wants ‘guilty’ generals probed
Petitioner records statement before four-member FIA probe team.
On October 19, 2012, the apex court issued a 141-page verdict, ordering legal proceedings against Gen Beg and Lt Gen Durrani in a case filed 16 years ago by Asghar Khan. PHOTO: AFP/FILE
ISLAMABAD:
Air Marshal (retd) Asghar Khan made an impassioned plea on Friday for an investigation into the role of two senior military officers over doling out millions of rupees among several politicians ahead of the 1990 polls.
Asghar Khan made the appeal when he appeared before a Federal Investigation Agency (FIA) probe committee to record his statement. He told the committee that “army discipline was breached” when the then army chief Aslam Beg and Inter-Services Intelligence chief Asad Durrani “failed to prevent unlawful actions by their subordinates”.
“It’s culpable and the guilty must be punished,” Asghar Khan was quoted as saying by a member of the FIA team.
The FIA team, headed by the additional director-general, Muhammad Ghalib Bandesha, started probing into Asghar Khan’s claims after wrapping up investigations into the high treason charges against former president General (retd) Pervez Musharraf.
On October 19, 2012, the apex court issued a 141-page verdict, ordering legal proceedings against Gen Beg and Lt Gen Durrani in a case filed 16 years ago by Asghar Khan.
In light of the judgment, a four-member team initiated legal proceedings against the accused and sent notices to General Beg and Lt-Gen Durrani and other civilians involved in the case. “We hope they will cooperate with the FIA team. It would be difficult to move forward with the case if they both don’t record their statements,” a member of the committee told The Express Tribune. “It’s obligatory to find sufficient evidence to pave the way for their criminal trial,” he added.
After Musharraf’s case, it will be another Herculean task for the FIA to collect evidence against retired generals for their alleged role in facilitating a group of politicians to ensure their success against their rivals in the 1990 elections, observed FIA’s ex-director general Zaffarullah Khan.
The committee consisting of three other senior officers – Dr Usman Anwar, Qudratullah Khan and Najab Qulli – will question the alleged recipients of the Rs140 million distributed among politicians. It will complete its report by May next year. Under the law, the FIA has six months to wind up the inquiry and submit its report to the government, which is likely to constitute a tribunal to proceed with the case, he told The Express Tribune.
The committee, all of whose members are drawn from the police services, will have the power to question anyone whose name is mentioned in the Supreme Court’s order including the sitting Prime Minister Nawaz Sharif, said a committee member.
Salman Akram Raja, the counsel for Asghar Khan, observed, “If the FIA succeeds in conducting a fair investigation, the verdict may change the course of the country’s political history.”
“The role of Younis Habib, the former chief executive of Habib Bank Ltd and of the now defunct Mehran Bank, will remain important when the FIA starts investigating,” he added.
“The Asghar Khan case’s detailed judgment is contrary to Article 10(A) because it violates the right of a fair trial,” said Ali Zafar, the counsel for Gen Aslam Beg who filed a review plea, which is pending with the Supreme Court.
He said the apex court gave this judgment and certain findings without a proper trial. “No political party, no leader, no person who had allegedly received any money were called or questioned. In view of this, the judgment is liable to be reviewed,” he added.
FIA prosecutors and law experts believe that the ultimate findings of this case can lead to both the Prevention of Corruption Act and the trial of those involved in manipulating elections under the Peoples Representatives Act of the Election Commission of Pakistan.
They insist that the military personnel and IB officers will be tried under their own laws mentioned in their acts.
Published in The Express Tribune, December 21st, 2013.
Air Marshal (retd) Asghar Khan made an impassioned plea on Friday for an investigation into the role of two senior military officers over doling out millions of rupees among several politicians ahead of the 1990 polls.
Asghar Khan made the appeal when he appeared before a Federal Investigation Agency (FIA) probe committee to record his statement. He told the committee that “army discipline was breached” when the then army chief Aslam Beg and Inter-Services Intelligence chief Asad Durrani “failed to prevent unlawful actions by their subordinates”.
“It’s culpable and the guilty must be punished,” Asghar Khan was quoted as saying by a member of the FIA team.
The FIA team, headed by the additional director-general, Muhammad Ghalib Bandesha, started probing into Asghar Khan’s claims after wrapping up investigations into the high treason charges against former president General (retd) Pervez Musharraf.
On October 19, 2012, the apex court issued a 141-page verdict, ordering legal proceedings against Gen Beg and Lt Gen Durrani in a case filed 16 years ago by Asghar Khan.
In light of the judgment, a four-member team initiated legal proceedings against the accused and sent notices to General Beg and Lt-Gen Durrani and other civilians involved in the case. “We hope they will cooperate with the FIA team. It would be difficult to move forward with the case if they both don’t record their statements,” a member of the committee told The Express Tribune. “It’s obligatory to find sufficient evidence to pave the way for their criminal trial,” he added.
After Musharraf’s case, it will be another Herculean task for the FIA to collect evidence against retired generals for their alleged role in facilitating a group of politicians to ensure their success against their rivals in the 1990 elections, observed FIA’s ex-director general Zaffarullah Khan.
The committee consisting of three other senior officers – Dr Usman Anwar, Qudratullah Khan and Najab Qulli – will question the alleged recipients of the Rs140 million distributed among politicians. It will complete its report by May next year. Under the law, the FIA has six months to wind up the inquiry and submit its report to the government, which is likely to constitute a tribunal to proceed with the case, he told The Express Tribune.
The committee, all of whose members are drawn from the police services, will have the power to question anyone whose name is mentioned in the Supreme Court’s order including the sitting Prime Minister Nawaz Sharif, said a committee member.
Salman Akram Raja, the counsel for Asghar Khan, observed, “If the FIA succeeds in conducting a fair investigation, the verdict may change the course of the country’s political history.”
“The role of Younis Habib, the former chief executive of Habib Bank Ltd and of the now defunct Mehran Bank, will remain important when the FIA starts investigating,” he added.
“The Asghar Khan case’s detailed judgment is contrary to Article 10(A) because it violates the right of a fair trial,” said Ali Zafar, the counsel for Gen Aslam Beg who filed a review plea, which is pending with the Supreme Court.
He said the apex court gave this judgment and certain findings without a proper trial. “No political party, no leader, no person who had allegedly received any money were called or questioned. In view of this, the judgment is liable to be reviewed,” he added.
FIA prosecutors and law experts believe that the ultimate findings of this case can lead to both the Prevention of Corruption Act and the trial of those involved in manipulating elections under the Peoples Representatives Act of the Election Commission of Pakistan.
They insist that the military personnel and IB officers will be tried under their own laws mentioned in their acts.
Published in The Express Tribune, December 21st, 2013.