ISLAMABAD – The Supreme Court of Pakistan (SC) has decided to probe financial scams of the 1990s, the Asghar Khan case, while rejecting the Federal Investigation Agency’s (FIA) request to close the case due to lack of evidence, on Friday.
A two-member bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar heard the case, and summoned the defence secretary to apprise it of the status of cases against army officers allegedly involved in the case.
Last week, FIA had requested the apex court to close the Asghar Khan case related to the alleged distribution of Rs140 million among politicians, including former premier Nawaz Sharif by the Inter-Services Intelligence (ISI) and the armed forces to rig the 1990 general elections and ensure late Benazir Bhutto’s defeat.
Ordering further probe into the case, the top judge questioned, “How the apex court’s judgment could just be dismissed”. The apex judge claimed that FIA seems to be backing out when it is time to implement orders. We will summon a response from FIA and the cabinet in this matter, he said.
He appointed Advocate Salman Akram Raja to assist the court.
When Justice Nisar recalled that it has been suggested that “certain individuals” are removed from the case, Raja butt in that it was indefensible as “a man has conceded that he ‘has distributed the money’”.
Justice Nisar asserted, “We will not let Asghar Khan’s efforts go to waste,” adding that “The Asghar Khan family was not taken into confidence over the suggestion that the case be closed. If the FIA lacked the authority, it could have gotten the investigation done by another institution,” the chief justice added.
He wondered that the case is being tried in both military and civilian courts, which makes it difficult to reach a “final conclusion”. “The involved army officers are being tried by a military court as the cabinet had indicated. While there is a separate trial against civilians,” he stated.
“We don’t know what action the military has taken so far, why not summon a report from them too?” he said.
Justice Nisar told that “military is not exempt from this court’s jurisdiction and as chief justice, I would like to tell them that all this is within our jurisdiction.”
In today’s hearing the apex court asked FIA to submit a response to Khan’s family’s joint reply, by adding that it was not satisfied with the conclusions reached by the agency.
According to the FIA report, 18 politicians in their statements submitted in the SC denied receiving the funds to allegedly manipulate the 1990 polls.
The hearing was then adjourned till January 25.
On Thursday, Khan’s heirs opposed the FIA’s suggestion and highlighted what they perceived to be halfhearted efforts of the authorities. The family also sought the conclusion of the trial against the military personnel involved and the placement of the result of the trial before the people of Pakistan.
The case was initiated by the air marshal after Benazir Bhutto’s interior minister, retired general Naseerullah Babar, had claimed in the National Assembly in 1994 that the ISI had disbursed funds to politicians and public figures to manipulate the 1990 elections in order to bring about the defeat of the PPP.
On Dec 29, 2018, the FIA had suggested that the apex court close the case relating to the implementation of the Asghar Khan verdict for want of concrete evidence. According to the FIA report, 18 politicians in their statements submitted in the SC denied receiving the funds to allegedly manipulate the 1990 polls. Moreover, the investigation agency has also remained unsuccessful in securing financial records from the relevant banks since the matter is 24 years old.
