Relevance of Asghar Khan’s case today

I once asked Air Marshal (retd) Asghar Khan why he went to the Supreme Court as his name was in the list of politicians, who allegedly accepted money in 1990 elections. He said, "I wanted to see politics clean from corruption and wanted to bring on record presence of a Political Cell in the ISI." Had this case been decided 10 years back, perhaps we would not have witnessed Panama papers scandal today.

Asghar Khan has its relevance even today, as corruption is still the core issue as well of the leaders and parties involved still have their relevance. Interestingly, the PPP, which was the victim in this case, did not pursue it, either in Benazir Bhutto's government or Asif Ali Zardari's because of lack of confidence in the institutions including judiciary and the then establishment.

This case in many ways still has more significance than Panama, but in Asghar Khan case the responsibility to take action against those who had distributed the money and who had accepted it had been given exclusively to the FIA. But, in Panama, a Joint Investigation Team (JIT) would probe the pending questions linked to money trail of PM Nawaz Sharif's children.

While Panama leaks case revolved around one family i.e. Sharifs, Asghar Khan case – also known as Mehran Bank case – is linked to a deliberate attempt to derail the democratic system in order to get ‘positive’ results in 1990 elections. The JIT should have also been constituted in Asghar Khan case as well to unearth the truth.

In Panama, investigation is under way and the Supreme Court would supervise the progress, in Asghar Khan, a former ISI chief, on record had submitted and admitted that money had been distributed among politicians.

In Panama case, PM Nawaz Sharif and his children are likely to record their statements, if required by the JIT, in Asghar Khan, the FIA had already recorded Sharif's statement about a year back, who had denied taking any money. Thus, the burden of proof is now on retired air marshal. General Asad Durrani is to give evidence.

Abida Hussain is perhaps the only politician who had admitted to taking money as the opposition leader in Asghar Khan case, the others reportedly denied. In Panama case, it is not yet clear whether the JIT would summon the PM to its makeshift office or would record his statement at PM House.

In Panama case, the JIT is supposed to submit its report within 60-days and interim progress report after every 15 days, the FIA took almost two years in Asghar Khan case and did not submit its findings yet, in violation of the SC order to complete probe by Dec 2015.

One wonders that had the JIT been constituted in Asghar Khan case as well, much would have been unearthed including the role of politicians as well as the then establishment.

While there is every possibility that Panama case would reach some conclusion for or against PM Sharif and his children, we may never be able to know much about country's most high profile Asghar Khan case.

In Panama case, the SC took hardly eight months to give its verdict. It took almost a decade to give its decision in Asghar Khan case in 2012. There are different reasons for this delay. (1) The PPP, in its five years, did not pursue the case; (2) It took five years for the SC to get an answer about the presence of a Political Cell in the security agency.

While in Panama case even a verdict came against Sharif, it may not damage the system and PML-N could still complete its term, constitutionally, in Asghar Khan case, the court had declared and in fact scrapped the 1990 elections as rigged, because of the amount of money use to defeat PPP.

Surprisingly, the ECP had not de-notified the elections of 1990 as rigged. It is a unique case in Pakistan's democratic history declared as rigged. If the 1977 elections, which are linked to allegations of rigging on some constituencies never considered legal, why 1990 elections still regarded as legal ? 

Sources said the FIA had completed its report and had almost recorded statements of all those named in the case, but it’s now not clear whether it had also collected evidence from the then ISI chief and officers allegedly deputed to hand over money to politicians.

Former army chief, General (retd) Aslam Baig had challenged these claims and reportedly had gone in revision in the court, which is still pending while former ISI chief, Lt-General (retd) Asad Durrani had already submitted his affidavit in the court and admitted that money was distributed among the politicians and some journalists, too.

So, the case is not yet closed and while we may get the final order in the Panama case, one way or the other, the Asghar Khan case may remain inconclusive even after the SC verdict.

I recently asked from the PPP spokesman Farhatullah Babar as to why BB did not pursue the case? he said he did not know the exact communication between the establishment and the government, but she was not ready to trust the establishment, who was behind dislodging her government in 1990.

This case should also be seen in the backdrop of the political developments since 1988 elections and the formation of Islami Jamhoori Ittehad (IJI), led by Nawaz Sharif and also includes parties like Jamaat-e-Islami. Former ISI chief, the late Lt-Gen Hamid Gul had admitted his role in its formation in a bid to black PPP's landslide in the elections.

Within nine months of the first PPP government, another conspiracy was hatched. This time a vote of no confidence against BB in 1989, in which huge money was distributed among the politicians and also a law and order situation was created in Karachi.

The vote of no confidence was defeated but the government of BB was finally dismissed under Article 58-2 (B) on corruption charges. While Mr Asad Durrani was honest enough not to withdraw as yet on his affidavit, I once interviewed a key character in 1990 elections and the then Interim Prime Minister, Ghulam Mustafa Jatoi, to inquire whether this story of Mehran Bank is a 'myth or a reality.'

“It’s true,” he said, adding that most of these allegations have an element of truth but believes that he (Jatoi) was ditched. "There was an understanding that the PPP would not be allowed to win the elections, and I would be the PM."

Jatoi Sahib further said, “It was decided that the IJI and the combined opposition parties would lead a procession from Peshawar to Karachi. When the rally entered Punjab, slogans were raised Prime Minister Nawaz Sharif. I asked my ADC to book my seat to Karachi, as I feared that the game plan had been changed. My people lost the elections while the PML candidates swept."

This case in itself is a proof of why democracy could not take its roots after 1988, and how politicians conspired against each other and how the establishment used them in its own interest.

The writer is a senior columnist and analyst of Geo, The News and Jang.

Twitter: @MazharAbbasGEO