Asghar Khan case: Govt faces compliance quiz in review pleas

FIA also failed to initiate proceedings against the politicians who received money from Gen (retd) Mirza Aslam Beg

ISLAMABAD:

The Supreme Court will take up review petitions on March 4 against its October 19, 2012 judgment in the Asghar Khan case, opening up a fresh front for the government which has not implemented the verdict that advocates action against top former military officers who had doled out millions of rupees to PPP’s rival politicians in the 1990 elections.

The Federal Investigation Agency (FIA) has also failed to initiate proceedings against the politicians who had received money from the then army chief Gen Aslam Beg through ex-ISI chief Lt Gen Asad Durrani.

Legal experts believe the government should expect a torrid time from a three-judge bench of the apex court. PPP Vice President Shafi Muhammad Chandio urged the top court to pass a coercive order regarding the implementation of its verdict in the Asghar Khan case as it had done to ensure compliance on its December 16, 2009 judgment on the National Reconciliation Ordinance.

The bench, headed by Justice Jawwad S Khawaja, will take up the review petitions filed by the government, Gen (retd) Beg and Lt Gen (retd) Durrani. The October 2012 verdict says that the acts [of the former two military officers] have brought a bad name to Pakistan and its armed forces as well as secret agencies in the eyes of the nation.

It further says that legal proceedings shall be initiated against the politicians who allegedly received donations to spend on their campaigns for the 1990 elections, therefore, transparent investigation on the criminal side shall be initiated by the FIA against all of them and if sufficient evidence is collected, they shall be sent up to face trial according to law.

Younis Habib, former Mehran Bank chief and central character in the episode, shall also be dealt with in the same manner, it says. “Proceedings shall also be launched against them for affecting the recovery of sums received by them with profit thereon by initiating civil proceedings, according to law.”

On June 16, 1996, air marshal retired Asghar Khan had written a letter to then chief justice of Pakistan Justice Sajjad Ali Shah that contains names of politicians who had received money in 1990. Gen (retd) Beg, through his counsel Ali Zafar advocate, later moved a review petition against the verdict. While talking to The Express Tribune, Advocate Zafar said the verdict was in violation of Article 10-A of the Constitution, adding that the court had ordered action against his client without any investigation. The counsel, however, admitted that no action has been taken against his client thus far.

Published in The Express Tribune, March 1^st, 2015.