ISLAMABAD: Taking up the matter related to the implementation of the landmark judgement in the Asghar Khan case, the Supreme Court on Wednesday asked dozens of respondents, who had already been issued notices, to submit their written replies before the court within three to four days, as the hearing will resume next week in Lahore.

Heading a three-judge bench, Chief Justice of Pakistan Mian Saqib Nisar took notice of former prime minister Nawaz Sharif’s absence and asked Attorney General Ashtar Ausaf to tell him to appear before the court within an hour. The apex court was even ready to sit till the midnight to hear him after he [the CJP] returned from Peshawar, Justice Nisar remarked. The attorney general earlier apprised the bench that Mr Sharif could not attend the apex court proceedings because he was attending a reference before an accountability court.

The late Air Marshal Asghar Khan had filed a petition in the court some 16 years ago seeking action against ex-army chief Gen Aslam Beg, former Inter-Services Intelligence (ISI) director general Lt Gen Asad Durrani and then president late Ghulam Ishaq Khan accusing them of distributing Rs140 million among several politicians, including Mr Sharif, Javed Hashmi, Abida Hussain and Ghulam Mustafa Khar, to ensure defeat of Benazir Bhutto in the 1990 general elections.

As the matter came up for hearing on Wednesday, Javed Hashmi whose name appeared on the list of those who had been given a huge amount of money for the 1990 elections, told the court that he already had explained his position to the FIA and the National Accountability Bureau some five years ago.

Speaking to reporters outside accountability court, ousted prime minister alleges summoning by SC is ‘part of pre-poll rigging’

“Still I came here to attend court proceedings because I had been called,” said the veteran politician.

At this, the chief justice observed that politicians such as Mr Hashmi had to set an example as when allegations of corruption were levelled against the politicians, they should come forward.

Barrister Aitzaz Ahsan while representing former leader of the opposition Syed Khursheed Shah belonging to the PPP told the court that his client had received a court notice though his name was not on the list at all.

Observing that the court wanted to see that the rule of law prevailed and did not want to belittle anyone, the bench then asked the former prime minister to ensure his appearance before the court either in person or through a counsel.

The court then asked the AG to update the list by categorising the names of those who were alive, because many of them were no more in the world. The respondents who were alive and whose names appeared on the list were told to submit their written replies before the court within three to four days, as the court would resume the hearing of the case on June 12 in Lahore.

The AG informed the court about the last cabinet’s decision that references against the former military officials would be sent to the army authorities whereas those of the politicians to the Federal Investigation Agency (FIA).

In 1996, this matter had been referred to the GHQ, former army chief general Aslam Beg said, but the then army chief declined to initiate proceedings. He requested the court to decide about his trial but he was told that the court could not conduct that yet he could furnish a formal application in this regard.

The bench observed that it would consider whether the FIA or a commission would deal with his trial.

Last month, the bench had ordered AG and FIA director general to share the details of the progress made to implement the court’s Oct 19, 2012 verdict in the Asghar Khan case.While talking to reporters after attending the Avenfield Property reference against him on Wednesday, Mr Sharif described his summoning by the apex court allegedly as ‘part of pre-poll rigging’.

This process had started, he said, when he had been disqualified from holding the office of the prime minister and then to lead his political party.

Mr Sharif urged the chief justice to take suo motu notice of the alleged coercion to change loyalty of PML-N members.

Published in Dawn, June 7th, 2018