Asghar Khan case: SC expresses dissatisfaction over FIA probe

ISLAMABAD: The Supreme Court (SC) on Friday expressed dissatisfaction over the investigation and conclusion drawn by the Federal Investigation Agency (FIA) with regard to non-availability of any documentary evidence on which anyone could be prosecuted in the 24-year-old case of Air Marshal (R) Asghar Khan relating to the distribution of Rs140 million among politicians for defeating the late Benazir Bhutto in the 1990 general elections.

A two-page written order was issued on Friday by the apex court in the case regarding non-implementation of its October 19, 2012 judgment in the Asghar Khan case. The court held that there are certain areas in which the probe should have been extended and the requisite material could have been collected to make out a case for prosecution and trial.

The court noted that when questioned, Director General FIA Bashir Memon submitted that as per terms of reference mentioned in the noted judgment, the agency has certain limitations that is why closure of the instant case has been recommended.

Salman Akram Raja, counsel for Asghar Khan’s family, referred to the noted judgment and submitted that several points are conclusive as the review petitions field by the concerned have also been dismissed, but the contents and findings of the judgment have not been considered by the FIA.

The court’s written order noted that the counsel has filed CMA opposing the closure of the case and assigning reasons why the investigation has not been conducted properly.

The court directed the FIA to submit its reply within a period of one week besides issuing notice to the secretary defence to appear in person and appraise it in the process/proceedings conducted against the Army personal whose cases were sent for investigation/adjudication trial to the armed forces and adjourned further proceedings until January 25.

It is pertinent to mention here a two-member bench of the apex court headed by former CJP Justice Mian Saqib Nisar on January 11 had rejected the plea of the FIA seeking closure of the Asghar Khan case and summoned the secretary defence with direction to submit a comprehensive report on the progress of the trial against military officials allegedly involved in distributing the money among politicians.

Legal heirs of Asghar Khan including his spouse Amna Asghar, his daughters Nasreen Ahmed Khattak, Shereen Awan and son Ali had opposed the FIA’s recommendations and stated that they want trial of the case with logical conclusion and also stated that the court verdict must be implemented in letter and spirit and detailed inquiry be conducted for the interest of masses.

On December 31, 2018, the apex court had issued notices to the legal heirs of Asghar Khan for their view point after the FIA recommended closure of the inquiry in the case.

The DG FIA had submitted a report that no legally accepted evidence was available with the Agency on the basis of which criminal case may be initiated against the accused politicians, hence the case merits closure. The FIA had contended that it is a settled rule of jurisprudence that in absence of the corroboratory evidence conviction cannot be based on hearsay. 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, says the report. It had further contended that the accurate amount given to politicians was 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, the FIA submitted, no legally accepted evidence is available with the Agency on the basis of which a criminal case may be initiated against the accused politicians and the case merits closure.

In 1996, Asghar Khan had moved the Supreme Court, alleging that the two senior Army officers and the 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.