ISLAMABAD: The federal government withdrew on Wednesday a petition seeking review of the Supreme Court’s Oct 19, 2012, judgement in the famous Asghar Khan case.

“We are withdrawing the review petition because under the changed circumstances the situation that had arisen due to observations in the judgement in relation to the office of the president is no more relevant,” Additional Attorney General Waqar Rana informed a three-judge SC bench headed by Justice Jawwad S. Khawaja.

The government had sought the review of the judgement on Nov 17, 2015, but only to the extent of observations made by the court against the office of the president. Asif Ali Zardari was president at the time.

“Adherence to the Constitution requires and demands that the symbol of all authority of the state (the president) be shown full respect by all institutions of the state,” the petition had said, adding that any observation that demeaned and diminished the office of the president needed to be avoided.

In addition to government, the Supreme Court is seized with two more review petitions in the case filed by former army chief retired Gen Mirza Aslam Beg and former ISI director general retired Lt Gen Asad Durrani who were held guilty by the court for their role in ‘polluting’ the 1990 general elections.

While disposing of the petition of Asghar Khan accusing the ISI of financing politicians in 1990, the Supreme Court had ordered the federal government to take necessary action under the Constitution and law against the two former generals for their role in facilitating a group of politicians and political parties to ensure their success against rival candidates in the 1990 elections.

In their review petitions, Mr Beg and Mr Durrani had pleaded that findings and observations made against them were incorrect and as a result their fundamental rights to a fair trial as enshrined in Article 10A of the Constitution and right to due process of law had been infringed.

Referring to the decree that no officer should follow unlawful orders, the petitioners argued that if this proposition was allowed to remain worded in such a vague manner then this would lead the armed forces and bureaucracy to mayhem.

Published in Dawn, April 9th, 2015

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