Asghar Khan case: Why officers not court martialed?

ISLAMABAD: The Supreme Court (SC) Monday sought progress report from the Ministry of Defense (MoD) within four weeks on an ongoing inquiry against the military officials allegedly involved in distributing Rs140 million among politicians for manipulating 1990 general elections.

A three-member bench of the apex court, headed by Justice Gulzar Ahmed, resumed hearing of the case over non-implementation of its October 19, 2012 judgment in the case. Other member of the bench were Justice Ijazul Ahsan and Justice Faisal Arab.

In 1996, Asghar Khan had moved the Supreme Court, alleging that 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.

Mr Khan had approached the apex court after senior PPP leader and former interior minister Maj Gen (R) NaseerullahBabar had claimed in the National Assembly in 1994 that the ISI had disbursed funds to “purchase” the loyalty of politicians and public figures so as to manipulate the 1990 elections, form the Islami Jamhoori Ittehad (IJI), and bring about the defeat of the PPP.

On October 19, 2012, the apex court issued a 141-page verdict, ordering legal proceedings against Gen (retd) Mirza Aslam Beg and Lt Gen (retd) Asad Durrani in a case filed 16 years ago by Asghar Khan.

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 Federal Investigation Agency to initiate a transparent investigation and subsequent trial if sufficient evidence was found against the former army officers.

On Monday, the Ministry of Defense submitted a report to the court, stating that an inquiry against the military officials, allegedly involved in the matter was under process.

The court then directed the Ministry of Defense to submit within four weeks, progress report on said proceedings and declared that the report submitted by the FIA will be reviewed along with the progress report of Ministry of Defense.

At the outset of hearing, Justice Gulzar Ahmed inquired the attorney general as to why the Ministry of Defense was not initiating action for the court-martial of military officials, involved in the instant matter instead of conducting an inquiry.

The attorney general replied that as per law an inquiry was mandatory before moving to the court-marital proceeding. Justice Ijaz ul Ahsen asked after retirement how much time court-martial process takes.

The attorney general replied that court-martial could be done anytime if it was a matter of fraud or case pertaining to loss to the national kitty. At this, Justice Ijazul Ahsen observed that 24 years back some Rs140 million had been spent on Asghar Khan’s case.

Meanwhile, Justice Gulzar Ahmed observed that the name of Altaf Hussain, founder of Muttahida Qaumi Movement (MQM), was along among the recipient of money however, his name neither appeared in the instant case nor in the report submitted by the FIA.

“Why nobody is appearing before the court on behalf of Altaf Hussain?” Justice Gulzar Ahmed asked. The AG replied that Altaf Hussain was abroad. Justice Gulzar Ahmed observed that the FIA in its report had submitted that the banks concerned did not have the record of the amount which was distributed among politicians.

“If this is the situation then the court will summon heads of these banks, Justice Gulzar said. Meanwhile, the court adjourned further hearing for four weeks.