Notification of ISI’s political cell was presented in SC in 1997
November 03, 2012
ISLAMABAD: The creation of the infamous political cell in the ISI by Zulfikar Ali Bhutto in 1975 was ascertained by the Supreme Court of Pakistan in 1997 when the-then Nawaz Sharif government was asked if it wanted to continue with the cell or not but the latter never responded.
Not only the SC’s 1997 order reflects the same fact about the creation and existence of the political cell in the ISI but former Chief Justice Saeeduzzaman Siddiqui, who had heard the case in 1997 and had even passed an order, confirmed that the notification was presented before the apex court, thus, leaving no doubt about its existence.
The present PPP government is believed to have avoided presenting the notification for the creation of the cell before the Supreme Court in the Asghar Khan case because it would have put the blame on the ruling party’s founding father, Zulfikar Ali Bhutto, for politicising the military.
Recently, in its short order, the apex court, in the absence of the required notification, ruled: “Any election cell/political cell in Presidency or ISI or MI or within their formations shall be abolished immediately and any letter/notification to the extent of creating any such cell/department by any name whatsoever, explained herein, shall stand cancelled forthwith.”
Although, the government, despite repeated directions from the Supreme Court, avoided presenting the 1975 notification, the June 16, 1997 order of the Supreme Court in the same case ascertained the existence of the political cell in the ISI on the basis of documents presented before it by the then government of Nawaz Sharif.
In the June 16, 1997 order of the Supreme Court by a division bench comprising Justice Saeeduzzaman Siddiqui and Justice Khalilur Rehman Khan, it is unambiguously stated: “Learned attorney general (Ch Muhammad Farooq) has placed before us original letter dated 26.6.1997 addressed to him by the secretary defence (Hasan Raza Pasha) along with the document under which ISI was created. The learned attorney general, while placing these documents before us, claimed privilege which is allowed for the time being. From the contents of the letter addressed to the attorney general, it appears that a political cell in the ISI was created in May, 1975 which is still in existence.”
The order added: “On our query whether the government intends to continue the political cell in the ISI, the learned attorney general requested for time to seek specific instructions from the government.”
Later, on October 27, 1997, the then Chief Justice Sajjad Ali Shah and two other judges Justice Mukhtar Ahmed Junejo and Justice Muhammad Bashir Jehangiri heard the case and passed an order that said: “The learned Attorney General for Pakistan would also inform the court whether the federal government wants to retain the political cell in ISI or not as was directed by the court on 26.6.1997.”
These were the days when tensions between the then prime minister Nawaz Sharif and the then CJ Sajjad Ali Shah had surfaced and finally led to the departure of the CJ.
Not only the SC’s 1997 order reflects the same fact about the creation and existence of the political cell in the ISI but former Chief Justice Saeeduzzaman Siddiqui, who had heard the case in 1997 and had even passed an order, confirmed that the notification was presented before the apex court, thus, leaving no doubt about its existence.
The present PPP government is believed to have avoided presenting the notification for the creation of the cell before the Supreme Court in the Asghar Khan case because it would have put the blame on the ruling party’s founding father, Zulfikar Ali Bhutto, for politicising the military.
Recently, in its short order, the apex court, in the absence of the required notification, ruled: “Any election cell/political cell in Presidency or ISI or MI or within their formations shall be abolished immediately and any letter/notification to the extent of creating any such cell/department by any name whatsoever, explained herein, shall stand cancelled forthwith.”
Although, the government, despite repeated directions from the Supreme Court, avoided presenting the 1975 notification, the June 16, 1997 order of the Supreme Court in the same case ascertained the existence of the political cell in the ISI on the basis of documents presented before it by the then government of Nawaz Sharif.
In the June 16, 1997 order of the Supreme Court by a division bench comprising Justice Saeeduzzaman Siddiqui and Justice Khalilur Rehman Khan, it is unambiguously stated: “Learned attorney general (Ch Muhammad Farooq) has placed before us original letter dated 26.6.1997 addressed to him by the secretary defence (Hasan Raza Pasha) along with the document under which ISI was created. The learned attorney general, while placing these documents before us, claimed privilege which is allowed for the time being. From the contents of the letter addressed to the attorney general, it appears that a political cell in the ISI was created in May, 1975 which is still in existence.”
The order added: “On our query whether the government intends to continue the political cell in the ISI, the learned attorney general requested for time to seek specific instructions from the government.”
Later, on October 27, 1997, the then Chief Justice Sajjad Ali Shah and two other judges Justice Mukhtar Ahmed Junejo and Justice Muhammad Bashir Jehangiri heard the case and passed an order that said: “The learned Attorney General for Pakistan would also inform the court whether the federal government wants to retain the political cell in ISI or not as was directed by the court on 26.6.1997.”
These were the days when tensions between the then prime minister Nawaz Sharif and the then CJ Sajjad Ali Shah had surfaced and finally led to the departure of the CJ.
