ISLAMABAD, August 15: Supreme Court (SC) of Pakistan, while conducting hearing of the Asghar Khan case, has ordered ministry of defence to provide all the details to Federal Investigation Agency (FIA) in the case and also inform the court on the next hearing regarding military court trials of former army officers.
Three-member bench of the apex court headed by chief justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday conducted hearing of implementation of the Asghar Khan case.
As the Supreme Court examined progress in the implementation of its landmark judgment in the Asghar Khan case, Chief Justice warned that the court would summon military authorities if the cabinet’s decision in the case was not executed.
The case concerns the allegations brought forward by late Air Marshal Asghar Khan, who had accused former army chief retired Gen Mirza Aslam Beg and former intelligence chief retired Lt Gen Asad Durrani of corrupting the democratic process with money.
The petitioner accused Inter-Services Intelligence of financing politicians in the 1990 elections by dishing out Rs140 million to create the Islami Jamhoori Ittehad (IJI) and prevent Benazir Bhutto’s PPP from winning the polls. The petition was based on an affidavit provided by Durrani.
Close to 16 years after the petition was filed, the Supreme Court had found that the 1990 polls had indeed been polluted by giving Rs140 million to a group of politicians, thereby depriving people of their right to be represented by their chosen leaders.
In May 2017, the PTI had announced its decision to file in the Supreme Court a petition seeking the implementation of the orders of the already decided case.
CJP Saqib Nisar on Wednesday remarked that the cabinet had decided that the trial of army officers in the case would take place in military courts.
“Why haven’t you acted upon this decision?” the CJP asked the Defence Ministry’s legal director, Falak Naz, to which the latter responded that they had not yet received a summary in this regard from the Interior Ministry.
Justice Saqib Nisar cautioned that if the cabinet’s decision was not acted upon, the court would summon military authorities to court instead of the Defence Ministry representatives.
“No one is above the law,” he warned, ordering that the court’s decision should be acted upon.
The top judge asked Falak Naz when the court would receive a detailed report on the implementation of its verdict, to which the Defence Ministry official asked for four weeks’ time.
The court agreed to grant four weeks to the Defence Ministry for preparation of the report and set the next date of the hearing on September 15. – Sabah
