SC gives govt one week to act against Beg, Durrani

Asghar Khan case

ISLAMABAD - The Supreme Court Tuesday directed the government to decide the course of procedure in accordance with the recommendations made by it in Asghar Khan case verdict in 2012 against former chief of army staff General (r) Mirza Aslam Beg and former Inter-Services Intelligence chief Lt-General (r) Asad Durrani.

Rejecting request of Attorney General for Pakistan Ashtar Ausaf to grant two-week time, the top court ordered the government to call a special meeting of the federal cabinet within a week and decide the matter.

In its detailed judgment of 2012, the top court had ordered the Federal Investigation Agency to initiate proceedings against the politicians, including deposed prime minister Nawaz Sharif who was allegedly facilitated by military establishment with Rs 140 million to block Pakistan People’s Party’s victory in the 1990 general elections.

A day ago, the top court also rejected petitions of ex-COAS Aslam Beg and former ISI DG Durrani seeking review of observations in the 2012 verdict about their role in the distribution of money to politicians before 1990 elections.

During the course of hearing before a four-judge bench headed by Chief Justice Mian Saqib Nisar, AGP Ashtar Ausaf and FIA Director General Bashir Memon appeared before the bench.

The chief justice questioned the AGP whether the government had taken any action. “No action has been taken by the government while FIA took some action that stopped at a point of time,” the CJP observed.

AGP Ausaf told the bench that statements of Beg and Durrani could not be recorded due to their review petitions pending adjudication. “Since the review petitions have been dismissed, the FIA will record their statements now,” he said.

He observed the petitions had been dismissed and this was point of time for implementation of the top court’s 2012 judgment, adding the SC order should be implemented in letter and spirit.

Advocate Salman Akram Raja, representing late Asghar Khan, contended the constitutional process was subverted, which was a criminal act, adding the case was of a high-treason nature under Article 6 of the Constitution. This case should be examined and treated in accordance with the Army Act, Election Act and the Constitution, Raja contended.

The AGP contended if any offence was committed, the trial would be conducted after the inquiry of FIA, adding the nature of criminality would be ascertained after the inquiry. Raja read the relevant paras of 2012 judgment regarding the recommendations.

During the course of hearing, the chief justice also expressed displeasure and observed it was a message to all that the conduct of the lawyers who argue their cases in mornings and offer comments in TV talk shows in evenings comes within the purview of contempt of court.

During the course of hearing, the CJP also observed it was up to the federal government to decide the forum of the trial. He also observed this court had not passed the orders regarding ex-COAS General (r) Pervez Musharraf and the matter was left to the government to initiate action under appropriate provision of law.

 

 

SC gives govt one week to act against Beg, durrani

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