Asghar Khan case: Distribution of money with respect to civilians proved, FIA tells SC

ISLAMABAD: The Supreme Court on Monday issued notices to the legal heirs of former Air Marshal Asghar Khan in a matter relating to the distribution of Rs140 million among politicians for defeating the late Benazir Bhutto in the 1990 general elections.

A two-member bench of the apex court comprising Chief Justice Mian Saqib Nisar and Justice Ijazul Ahsen issued notices to legal heirs of Asghar Khan after the Federal Investigation Agency (FIA) recommended closure of the inquiry for initiating action against politicians who allegedly received money from the country’s premier intelligence agency ahead of the 1990 elections.

The bench was hearing the case pertaining to non-implementation of its October 19, 2012 judgment in the Asghar Khan case. The FIA had said it could not obtain evidence to initiate criminal proceedings against the accused politicians. Director General FIA Bashir Memon appeared before the court and submitted a report stating that no legally accepted evidence is available with the agency on the basis of which criminal cases may be initiated against the alleged politicians, hence the case merits closure.

The FIA submitted that it is a settled rule of jurisprudence that in the absence of corroboratory evidence, conviction cannot be based on hearsay. The report said the persons seemingly acquainted with facts and circumstances of the subject case could not even provide the leads that may have helped the FIA in collaboration of sufficient evidence. The FIA said it conducted probe in the case regarding civilians and came to know that the money was actually distributed. It further contended that the accurate amount given to politicians is not visible, even the concerned banks did not provide the requisite record appropriately at this belated stage i.e. after 24 years while the GHQ, which is conducting its own probe, is yet to inform the FIA.

“Hence, no legally accepted evidence is available with the agency on the basis of which criminal case may be initiated against the alleged politicians and the case merits closure,” the FIA submitted

Meanwhile, the court issued notices to legal heirs of the Asghar Khan as to what should be further proceeding in the matter.

In 1996, Asghar Khan had moved the Supreme Court, alleging that the two senior army officers and then-president Ghulam Ishaq Khan had doled out Rs140 million among several politicians ahead of the 1990 polls to ensure Benazir Bhutto's defeat in the polls.

On October 19, 2012, the apex court had issued a 141-page verdict, ordering legal proceedings against Gen (retd) Aslam Beg and Lt Gen (retd) Asad Durrani in the case.

The 2012 apex court judgment, authored by the then-Chief Justice of Pakistan Iftikhar Chaudhry, had ruled that the 1990 general elections had been polluted by dishing out Rs140 million to a particular group of politicians only to deprive the people of being represented by their chosen representatives. The court had directed the FIA to initiate a transparent investigation and subsequent trial if sufficient evidence was found against the former army officers. That investigation, however, is yet to conclude.

The Islami Jamhoori Ittehad (IJI), consisting of nine parties including the Pakistan Muslim League, National People’s Party and Jamaat-e-Islami, had won the 1990 elections, with Nawaz Sharif being elected the prime minister. The alliance had been formed to oppose the Benazir Bhutto-led Pakistan People’s Party.