October 19, 2012

The Supreme Court has finally given a verdict on the petition of Asghar Khan, where he accused the chiefs of Army and ISI for interfering in politics by creating IJI coalition against PPP. The verdict has primarily held General Aslam Baig and Asad Durrani responsible and also ordered investigation against politicians who received the funds for election campaign.

The following is the text of the verdict:

The Constitution of the Islamic Republic of Pakistan commands that it is the will of the people of Pakistan to establish an order wherein the State shall exercise its powers and authority through the chosen representatives of the people, wherein the principles of democracy, freedom, equality, etc., shall be fully observed, so that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the world, and make their full contribution towards international peace and progress and happiness of humanity. People of Pakistan had been struggling to establish a parliamentary and democratic order since long within the framework of the Constitution and now they foresee a strong system which is established by the passage of time without any threat and which is subject to the constitution and rule of law.

The essence of this Human Rights case is based on the fundamental right of citizens enshrined in Article 17 of the Constitution. It raises an important question of public importance to enforce the fundamental rights, inter alia, noted hereinabove, therefore, in accordance with the provisions of Article 184(3) of the Constitution, jurisdiction has been assumed and exercised to declare, for the reasons to be recorded later, as under:-

(1) That citizens of Pakistan as a matter of right are free to elect their representatives in an election process being conducted honestly, justly, fairly and in accordance with law.

(2) The general election held in the year 1990 was subjected to corruption and corrupt practices as in view of the overwhelming material produced by the parties during hearing it has been established that an “Election Cell” had been created in the Presidency, which was functioning to provide financial assistance to the favoured candidates, or a group of political parties to achieve desired result by polluting election process and to deprive the people of Pakistan from being represented by their chosen representatives.

(3) A President of Pakistan, in Parliamentary system of government, being head of the State represents the unity of the Republic under Article 41 of the Constitution. And as per the oath of his office in all circumstances, he will do right to all manner of people, according to law, without fear or favour, affection or ill- will. Thus, holder of office of President of Pakistan, violates the Constitution, if he fails to treat all manner of people equally and without favouring any set, according to law, and as such, creates/provides an occasion which may lead to an action against him under the Constitution and the Law.

(4) The President of Pakistan, Chief of Army Staff, DG ISI or their subordinates certainly are not supposed to create an Election Cell or to support a political party/

group of political parties, because if they do so, the citizens would fail to elect their representatives in an honest, fair and free process of election, and their actions would negate the constitutional mandate on the subject.

(5) However, in the instant case it has been established that in the general elections of 1990 an Election Cell was established in the Presidency to influence the elections and was aided by General (R) Mirza Aslam Baig who was the Chief of Army Staff and by General (R) Asad Durrani, the then Director General ISI and they participated in the unlawful activities of the Election Cell in violation of the responsibilities of the Army and ISI as institutions which is an act of individuals but not of institutions represented by them respectively, noted hereinabove.

(6) ISI or MI may perform their duties as per the laws to safeguard the borders of Pakistan or to provide civil aid to the Federal Government, but such organizations have no role to play in the political activities/politics, for formulation or destabilization of political Governments, nor can they facilitate or show favour to a political party or group of political parties or politicians individually, in any manner, which may lead in his or their success.

(7) It has also been established that late Ghulam Ishaq Khan, the then President of Pakistan with the support of General (R) Aslam Baig, General (R) Asad Durrani and others, who were serving in M.I and now either have passed away or have retired, were supporting the functioning of the ‘Election Cell’, established illegally.

(8) Mr. M. Younas A. Habib, the then Chief Executive of Habib Bank Ltd. at the direction and behest of above noted functionaries, arranged/provided Rs.140 million belonging to public exchequer, out of which an amount of Rs.60 million was distributed to politicians, whose incomplete details have been furnished by General (R) Asad Durrani, however, without a thorough probe no adverse order can be passed against them in these proceedings.

(9) The Armed Forces of Pakistan, under the directions of Federal Government, defend Pakistan against external aggression or threat of war and, subject to law, are to act in aid of civil power when called upon to do so under Article 245 of the Constitution, thus, any extra- constitutional act, calls for action in accordance with the Constitution of Pakistan and the law against the officers/officials of Armed Forces without any discrimination.

(10) The Armed Forces have always sacrificed their lives for the country to defend any external or internal aggression for which it being an institution is deeply respected by the nation.

(11) The Armed Forces, in discharge of their functions, seek intelligence and support from ISI, MI, etc., and on account of security threats to the country on its frontiers or to control internal situations in aid of civil power when called upon to do so. However, ISI, MI or any other Agency like IB have no role to play in the political affairs of the country such as formation or destabilization of government, or interfere in the holding of honest, free and fair elections by Election Commission of Pakistan. Involvement of the officers/members of secret agencies i.e. ISI, MI, IB, etc. in unlawful activities, individually or collectively calls for strict action being, violative of oath of their offices, and if involved, they are liable to be dealt with under the Constitution and the Law.

(12) Any Election Cell/Political Cell in Presidency or ISI or MI or within their formations shall be abolished immediately and any letter/notification to the extent of creating any such Cell/Department (by any name whatsoever, explained herein, shall stand cancelled forthwith.

(13) Late Ghulam Ishaq Khan, the then President of Pakistan, General (R) Aslam Baig and General (R) Asad Durrani acted in violation of the Constitution by facilitating a group of politicians and political parties, etc., to ensure their success against the rival candidates in the general election of 1990, for which they secured funds from Mr. Younas Habib. Their acts have brought a bad name to Pakistan and its Armed Forces as well as secret agencies in the eyes of the nation, therefore, notwithstanding that they may have retired from service, the Federal Government shall take necessary steps under the Constitution and Law against them.

(14) Similarly,legal proceedings shall be initiated against the politicians, who allegedly have received donations to spend on election campaigns in the general election of 1990, therefore, transparent investigation on the criminal side shall be initiated by the FIA against all of them and if sufficient evidence is collected, they shall be sent up to face the trial, according to law.
Mr. Younas Habib shall also be dealt with in the same manner.

(15) Proceedings shall also be launched against the persons specified hereinabove for affecting the recovery of sums received by them with profit thereon by initiating civil proceedings, according to law.

(16) An amount of Rs.80 million, statedly, has been deposited in Account No. 313 titled Survey and Construction Group Karachi, maintained by MI, therefore, this amount with profit shall be transferred to Habib Bank Ltd. if the liability of HBL has not been adjusted so far, otherwise, the same may be deposited in the treasury account of Government of Pakistan.

Chief Justice
Judge
Judge

18 Comments

  1. block says:

    Bravo Supreme Court.I am glad big mouth Aslam Baig was exposed. His trial should commence ASAP.Politicians involved should also be also be prosecuted without further delay.

  2. pkpolitician says:

    چیف جسٹس افتخار محمد چودھری نے ایک تاریخی فیصلہ دیا ہے، اب پیپلز پارٹی کی حکومت کا امتحان ہے کہ وہ کاروائی کرے۔ سپریم کورٹ نے تو مشرف کو بھی اشتہاری قرار دیا تھا لیکن زرداری حکومت نے کوئی کاروائی نہیں کی، کرتے بھی کیسے خود جو پرو اسٹیبلشمنٹ زرداری نے آرمی کے ساتھہ مل کر مشرف کو گارڈ آف آرنر دے کر روانہ کیا تھا۔

    سپریم کورٹ کے اس فیصلے کے بعد اب پیپلز پارٹی کے پاس کوئی جواز نہیں رہ جاتا کہ وہ سپریم کورٹ اور چیف جسٹس پر جانبدار ہونے کا الزام عائد کرے۔ چیف جسٹس واقعی پاکستانیوں کی امید ہیں۔ چیف جسٹس نے جس طرح مسنگ پرسنس کے کیس کو اٹھایا اور اب اس کیس پر فیصلہ دیا ہے اس سے یہ ثابت ہورہا ہے کہ پاکستان کی سپریم کورٹ ملک کو درست سمت پر گامزن کرنے میں اپنا کردار بھرپور انداز میں ادا کررہی ہے، حکومت کا کام ہے کہ وہ اب سپریم کورٹ کے فیصلوں پر عملدرآمد کروائے اور سپریم کورٹ اور چیف جسٹس کے اوپر فضول ترین تنقید کرنا بند کرے۔ اس فیصلے سے جہاں اس بات کی نفی ہوئی ہے کہ سپریم کورٹ آرمی کے ساتھہ ملی ہوئی ہے وہیں اس بات کی نفی بھی ہوئی ہے کہ سپریم کورٹ نواز شریف کی حامی ہے، کیوں کہ رقم لینے والوں میں نواز شریف کا بھی نام آتا ہے۔ اب یہ حکومت کا کام ہے وہ ان فوجی جرنیلوں کے خلاف آئین و قانون کے مطابق کاروائی کرے اور ساتھہ ہی سیاستدانوں کے بارے میں بھی انکوائری کرے اور جس پر یہ ثابت ہوجائے کہ اس نے رقم لی ہے اس کے ساتھہ آئین و قانون کے مطابق سلوک کیا جائے۔

    آئین و قانون سے کوئی بالاتر نہیں۔۔۔۔۔۔ جیو سپریم کورٹ جیو چیف جسٹس۔

  3. ukpaki1 says:

    salam
    how establishment treated politicians like puppets. first they were bribed and later when alliance was formed and IJI formed the govt then that set up lasted for 2 and a half years or so then again fresh elections were conducted. that 90s period was like hide and seek game for both pml n and ppp. kudos to chief justice but still army won’t let them be punished by govt, neither does govt. have courage to do that as it’s an NROised govt.
    May ALLAH bless Pakistan and Pakistanis.

  4. ukpaki1 says:

    PS… even army’s mare hue haathi like aslam baig and duraani may still be untouchables for govt and i think that this NRO govt. will give another extension to NRO chief kiyani.

  5. ukpaki1 says:

    PS.. on the same pattern qaatil league was formed by bribing politicians and making them lotas or by threatening them..MMA was also a part of big game… verdict should be given by court in that case as well and traitor mush and NRO chief kiyani both mardoods should be tried under article 6.

  6. Adonis says:

    This decision is really awful. Instead of asking for an investigation and without going into useless nuances of evidence, witnesses, defense etc, the Supreme Court should have simply declared Sharif brothers ineligible to participate in politics. That was the whole point of this case. Instead, the Court went into unnecessarily criticizing military and its intervention in politics and deploring the conduct of Generals. That was totally unnecessary.

    Although the case was against Gen. Aslam Beg but the decision should have come against Nawaz Sharif.

  7. ukpaki1 says:

    salam
    nawaz sharif shouldn’t be singled out in this case, JI was also involved in bribing, altaf hussain was allegedly bribed but later, his name was withdrawn by advocate yousaf, i guess advocate might have been threatened… ppp, pti they all r targeting nawaz sharif which means no one still dares to take on old general mafia.
    May ALLAH bless Pakistan and Pakistanis.

  8. Masood Ahmad says:

    Raja Rental who is convicted by the same Supreme court is now our PM. Now a culprit is shouting at Nawaz Sharif, but his tounge just closes on Army General’s names.

    These bloody ppp people will never come true, always ready to get advantage from every situations. Baaxxxtaaards

  9. Zahid Naqvi says:

    Supreme Court decision is fine, but it has made PPP very happy and all Sindhi’s, Shias and Qadiani’s are very very very happy….. because it means….. ‘Agli baari – phir Zardari’.

  10. Sikander says:

    Every thoughtful Pakistani wants to see an independent, fair, impartial and evenhanded judiciary. I, as an ordinary senior citizen, request and appeal to the honourable judges of the SC to immediately set up a commission to investigate the truth behind Dr Arsalan Chaudary’s alleged friendship with the property tycoon, Riaz Malik. The commission should be mandated to travel to London, Monte Carlo, Marbella or whenever Dr Arsalan visited when the cost was borne by the son in law of Riaz Malik. As Dr Arsalan pleased that he is not guilty, then why should he be not declared innocent after a proper trial and accusers be given an exemplary punishment? I also request to form another commission to write a letter to Swiss authorities. Is Asif Ali Zardari the only corrupt politician in Pakistan? What about the Asghar Khan petition about the ISI paying money to selective politicians in the 1990 elections? Why is this case not being perused as vigorously as the NRO case? No other politician has been under the prism on corruption and other charges as much as Zardari. What is to be the verdict about the other pending cases of the Sharif brothers and the Punjab CM Shahbaz Sharif ruling Punjab on stay order after the governor of Punjab declared his government unconstitutional? All such cases should be dealt with on priority. The impression that the SC judges are selective in pursuing PPP cases on a fast track must be removed by deciding the cases of Sharif brothers at the same pace.

  11. atruepakistani says:

    Why Shahbaz Shareef and Ch Nisaar crying.They were pretending them self champions of supereme court .They should present Nawaz and Shabaz before the FIA as directed by superme court.Why they fear from FIA ?CJ is there to watch every thing.Every one must be punished who take bribe from ISI.They did a big crime to steal the mandate of PPP.

  12. engrabuzar says:

    Since its independence,army has been the greatest rogue of the country.I will tell just 10 reasons which is only tip of the iceberg.

    1. Extremely non professional,lost all the five wars against india i.e 1948,65,71,84 &99
    2. Extremely non professional,lost all its potential allies on western border one by one just for the pleasure of United States, i.eMasood,Rabbani,Siyaf,Dostum,Hekmatyar and finally Taliban.
    3. Extremely non professional,always kept bad relations with greatest potential ally Iran, after 1979,just for the pleasure of United States.
    4. Extremely non professional,never responded to Chinese aspirations in proper way,just for the pleasure of United States.
    5. Extremely non professional,in a peaceful environment of the country,attacked Waziristan in 2003 by throwing the pacts of Mr.Jinnah with tribes,since then our people r facing a horrible war & these businessmen r earning dollars ,just for the pleasure of United States.
    6. Extremely non professional, twice attacked India (1965,99) by expecting victory but slapped out in pitiable condition in a few days.
    7. Extremely non professional,greatest land mafia of the state with 12% of the land.Better to say them property dealers than soldiers.
    8. Extremely non professional, biggest corporate institution in Pakistan with more than 200 commodity industries all over the country.Better to change its name i.e Pak Army (PVT) Ltd with a slogan “Businessmen at their best”.
    9. Extremely non professional,always involved in pre poll rigging in elections by creating hatred for genuine politicians &trying either to bribe or eliminating them,thus growing dirty politicians under the umbrella of GHQ (Convention League,MQM,Functional League,PML Q & ZAR_BABA 40 chor etc),just to fed-up people from politicians so as to prepare ground for martial laws.
    10. Extremely non professional, always tried to alienate &break up those regions from federation,who stood up against the attrocities n hegemony of these Watchdogs.Fall of Dhaka is the typical example that how these conspirators held elections &then refused to transfer powers to the winner Bengalis,thus instigating them to grow the seeds of separation.As the sitiuation was not worsened,they even started operation to kill bengalis &rape their women as the last nail in the box.Balochistan &Waziristan operations were also planned on same patterns &for the same reasons.If this processs continues,only Northern Punjab will be left as their beloved den.

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