ISLAMABAD: The Supreme Court Friday ordered the Attorney General to
get directions from government on the classified documents regarding the
involvement of Inter Service Intelligence (ISI) in politics and inform
the court.
A three-member bench of the apex court comprising
Chief Justice Iftikhar Mohammad Chaudhry, Justice Khilji Arif Hussain
and Justice Tariq Parvez resumed hearing on a petition filed by Air
Marshall (r) Asghar Khan some 16 years ago against the distribution of
million of rupees by the Inter-Services Intelligence (ISI) to anti-PPP
politicians to influence the 1990 general election.
The then
army chief General Aslam Beg, the then DG ISI Lt Gen Asad Durrani and
the then Mehran Bank president Younis Habib were present in the court.
During
proceedings, former army chief Aslam Beg submitted a counter affidavit
on the statement of Younis Habib. The apex court expressed resentment
over a paragraph of Beg’s statement and termed it contempt of court.
The Chief Justice asked Aslam Beg to tender apology over this paragraph.
When
attention of Mr. Muhammad Akram Sheikh Adovacate, representing Gen.(R)
Mirza Aslam Baig, has been drawn towards the controversial paragraph, he
firstly stated that the same is to be read in the context of other
paragraphs as according to him, his client is being maligned at the
behest of Pakistan Peoples Party Government; and secondly, he has not
gone through the contents of the counter affidavit, as he has been
informed about the same after getting it prepared and sworn today in the
morning. He has added that if the Court desires, he may be allowed to
disassociate himself from the present proceedings. We have clarified to
the learned counsel that this is between him and his client.
However,
we have taken serious exception against the above reproduced paragraph.
On this, Baig counsel stated that permission may be accorded to
withdraw the same and that his client wants to tender apology for
incorporating said paragraph in his counter affidavit.
An
unconditional apology has been tendered along with the request to delete
the said paragraph from his counter affidavit filed by Gen.(R) Mirza
Aslam Baig, therefore, accepting his unconditional apology permission is
accorded for deletion of para 14 from the counter affidavit and the
same shall not be considered to be the part of record.
Gen.(R)
Mirza Aslam Baig rejected ex-president Mehran Bank Younis Habib’s
statement, submitted in the Supreme Court over the petition filed by Air
Marshal (retd) Asghar Khan in 1996 regarding the alleged disbursement
of money among the politicians by ISI to disrupt the general elections.
The then army chief while rejecting Younis Habib’s statement,
termed it as mere allegations. Aslam Beg said that Habib’s statement is
an attempt to malign him and the then president of Pakistan Ghulam Ishaq
Khan.
Meanwhile, Lt. Gen.(R) Asad Durrani, Ex-DG, ISI appeared
and submitted that I, under oath, state as,” I received instruction from
the COAS, Gen. Mirza Aslam Beg, that a certain business community in
Karachi had raised some contribution to support the election campaign of
the IJI and if I could arrange it to be distributed as per the formulas
that would be conveyed to me by the election cell in the President’s
office.”
Durrani said he was ISI chief at that time when money
was distributed among the politicians on the directives of the then army
chief, many officers were deputed to accomplish the task, he added.
He further said that there is no political cell in the ISI, however, few officials are involved in political activities.
The court directed Asad Durrani to submit written reply in the SC
Salman
Akram Raja the counsel of petitioner stated that all persons, including
Defense/Army Officers, who are respondents, who acted so as to
interfere with and maneuver the electoral process in any manner,
including through disbursement of funds subverted the Constitution. He
pleaded that no member of the armed forces is obliged to obey a command
in violation of his oath of his office and cannot take the defense of
‘command of the superior’. He read the letter written to this court in
which Asghar Khan prayed that receiving secret funds and non-disclosure
thereof constitutes serious electoral fraud with consequences under the
election laws.
Petitioner of Counsel asked that a direction to
the Federation to initiate appropriate proceedings under criminal and
election laws against the alleged givers and recipients of funds for
political purposes including the respondents and the various persons
named in Lt.Gen(R) Durrani’s letter to PM dated 7.6.94 and affidavit
dated 24.7.94. Younas Habib, ex-Chief, ex-Mehran Bank Limited, stated
that he does not want to add anything further except the statement,
which he had already filed/given before this Court.
On Thursday,
former Mehran Bank president Younis Habib told the Supreme Court that
former president Ghulam Ishaq Khan and former army chief Mirza Aslam Beg
had forced him to arrange Rs400 million for politicians in the name of
national interest before the 1990 general elections.
Submitting
his first-ever revelation before the court, the bank’s ailing former
chief, who appeared before the court in a wheelchair, tendered
unconditional apology and put himself on the mercy of the court for the
forceful deed he had committed to comply with the orders of the former
president of Pakistan.
He said the court "I am the victim of
that national interest and apologise for whatever I did to comply with
the order of the former president. Now I put myself at the mercy of this
august court," Younis Habib submitted in his written statement.
The
apex court ordered the Attorney General for Pakistan is required to
inquire from the Federal Government as to whether Commission Reports
regarding Mehran Bank and Habib Bank have been made public and if not so
then reasons should be assigned and the said reports should be made
available for our perusal in camera.
Later the SC adjourned case till March 14. Online
