ISLAMABAD: The Supreme Court on Wednesday hinted at summoning senior military officials in case the defence ministry failed to show progress in implementing its landmark 2012 verdict in the Asghar Khan case.

“No one is exempt from appearing before the Supreme Court,” observed Chief Justice of Pakistan (CJP) Mian Saqib Nisar while hearing the petition relating to the implementation of the Asghar Khan case.

On May 7, the Supreme Court bench had rejected the 2012 petitions by former army chief retired Gen Mirza Aslam Beg and former Director General Inter Services Intelligence (ISI) retired Lt Gen Asad Durrani to review the Oct 19, 2012 apex court verdict in which the court had ordered the federal government to initiate necessary action against Gen Beg and Gen Durrani for their role in dishing out Rs140 million to a particular group of politicians, including former prime minister Nawaz Sharif in the 1990 general elections on a petition by former Air Martial Asghar Khan.

SC hears petition relating to implementation of Asghar Khan case ruling

Asghar Khan, who formed Tehreek-i-Istiqlal, had filed the constitutional petition before the Supreme Court in 1996, requesting it to look into the allegations that ISI had financed many politicians in the 1990 elections by dishing out Rs140 million.

In response to the petition, Mr Durrani submitted an affidavit giving details of the amount he authorised on the alleged direction of former army chief Mr Beg to be paid among a number of politicians. Nawaz Sharif’s name also featured among the recipients of the dole-outs.

On May 9, the court had asked the then federal government to decide about the fate of the Asghar Khan case and was later told in June about the recent decision of the last cabinet that references against the former military officials would be sent to the army authorities whereas that of the politicians to the Federal Investigation Agency (FIA).

When the case was taken up on Wednesday, the court inquired about the progress in the matter and was told by FIA Director General Bashir Memon that the agency had asked for some record from the defence ministry relating to the current whereabouts and contact information of five intelligence officials namely retired Brig Amanullah Khan, retired Lt Col Eqbal Saeed Khan, retired Lt Col Ejaz, retired Lt Col Mir Akbar Khan and retired Lt Col Salman Butt for their role in the disbursement of funds.

In response, the defence ministry had asked the FIA to furnish Army numbers of these officers since it was not possible for them to identify these officers without this information, a report furnished by FIA said.

This information was not available with the FIA, the report explained, adding that the agency had requested the defence secretary again to identify officers on the basis of record and provide their current whereabouts and contact information.

When the court inquired about the defence secretary, director (legal) of defence ministry Brig Falak Naz said that the interior ministry had not dispatched the details of the case or the last cabinet decision.

But the court observed that the defence ministry was aware about the last cabinet decision, adding that in case the ministry did not come out with the progress report, the court would summon the military authorities.

The director (legal), however, asked for some time to complete the process, adding that they had received the FIA request only four days ago. The court then granted one month’s time to complete the process with a direction that the defence ministry should provide all the details needed by the FIA.

In its report, the FIA explained that Mr Beg during FIA investigations had denied conveying any instructions of President House or GHQ, adding that Mr Durrani was directly in touch with President House.

Likewise, Mr Durrani had admitted having disbursed the money, but said it was done under instructions from the then president’s Election Cell of Ijlal Haider Zaidi and Roedad Khan and that the army high command was on board.

Published in Dawn, August 16th, 2018