The chief justice on Tuesday said no delay will be tolerated in the implementation of the order in Asghar Khan case.
A three-member bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar was hearing the implementation case of the 2012 order in Asghar Khan case which had implicated former director general (DG) Inter-Services Intelligence (ISI) Asad Durrani and chief of army staff (COAS) retired Gen Aslam Beg as well as a number of politicians in relation to rigging in 1990 elections.
The court today ordered all institutions including the Ministry of Defence to ensure cooperation with the Federal Investigation Agency (FIA) which had been tasked with ensuring implementation of the court verdict.
The court also asked the FIA Director General (DG) Bashir Memon to continue at his post until investigations in the case are completed.
The chief justice asked whether former prime minister Nawaz Sharif — accused of receiving Rs3.5 million — had recorded his statement at which the court was informed that the FIA has received his statement.
“No agency’s force will work in this court,” Justice Nisar asserted.
He added that the hindrances to former president Pervez Musharraf’s arrival to Pakistan have been removed. “Now whether Musharraf returns or not depends on his bravery,” he remarked.
Addressing veteran politician Javed Hashmi, who was present in the court alongside Mir Hasil Bizenjo, Abida Hussain, Mustafa Khar and others, the CJP said that he wanted to protect the constitution and not contest elections as implied by Hashmi.
After Khar expressed his reservations, the CJP stated that the purpose of investigations in the case was not to malign or harass anyone.
Asghar Khan case
In 1996, Air Marshal Khan had filed a human rights petition in the SC, accusing the ISI of doling out money to a group of politicians in the 1990s.
The case was initiated by the air marshal after Benazir Bhutto’s interior minister, retired general Naseerullah Babar, had disclosed in the National Assembly in 1994 how 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.
16 years after the petition was filed, the SC in its judgement — penned by then chief justice Iftikhar Chaudhry — 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, however, thrown the ball back to the then PPP government by directing it to take necessary action under the Constitution and law against former army chief Beg and former director general of ISI Durrani for their role in facilitating the group of politicians and political parties to ensure their success against their rivals in the 1990 elections.
In May 2017, PTI had announced its decision to file in the Supreme Court a petition seeking implementation of the orders of the already decided case.