CJP chides govt over non-implementation of Asghar Khan case ruling

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar on Tuesday observed that the Supreme Court’s judgments, including the one in the Asghar Khan case, should be implemented in letter and spirit. 

A three-judge bench, headed by the chief justice, was hearing a case pertaining to implementation of the Nov 8, 2012 ruling that directed the FIA to initiate proceedings against those behind dishing out money to several politicians to block chances of PPP’s win in the 1990 polls.

Justice Nisar said the apex court had given a verdict in the case and also rejected petitions seeking its review, adding that the ruling is to be implemented now.

He expressed displeasure at the federal government for failure to implement the judgment. The top judge said the FIA initiated a probe into the matter, which later hit snags.

He said he doesn’t know whether the offence involved in the case constitutes a high treason under Article 6 of the Constitution.

Advocate Salman Akram Raja told the judges that action should be taken against former army chief Gen Mirza Aslam Beg and former ISI director general Lt Gen Asad Durrani, while a probe should be launched against the rest involved in the matter.

A day earlier, the apex court rejected the petitions filed by Gen Beg and Gen Durrani seeking to review the verdict passed on a petition of retired Air Marshal Asghar Khan.

Air Marshal (retd) Asghar Khan wrote a letter to the then chief justice of Pakistan Nasim Hassan Shah in 1996, in which he alleged that the then president Ghulam Ishaq Khan, then army chief General Mirza Aslam Beg, then ISI director general Lt Gen Asad Durrani as well as then owner of now defunct Mehran Bank Younis Habib had distributed Rs 140 million among several politicians to manipulate the 1990 polls to defeat Benazir Bhutto.

After the passage of more than a decade following the matter having brought to the apex court, it gave a 141-page landmark verdict on October 19, 2012 declaring that 1990 elections were rigged.

It ordered the Federal Investigation Agency (FIA) to investigate the matter and if evidence was found against anyone, action should be taken against them.

The court held that there was sufficient evidence to suggest that the 1990 election was rigged and that a political cell maintained by the then president Ghulam Ishaq Khan supported the formation of the IJI to stop a victory of the PPP.

It found Ghulam Ishaq Khan, Baig and Durrani guilty of violating the constitution.