ISLAMABAD – The Supreme Court (SC) Thursday declared that the President being in the ‘Service of Pakistan’ cannot play any political role wherein he supports some political party or parties at the cost of others.In its detailed verdict in Asghar Khan Case issued Thursday, the apex court reiterated that the elections of 1990 were rigged and the then president, army chief and ISI DG exercised their power illegally, adding that the secret agencies have no right to make election cell.The 141-page judgement also said that the general elections should be held on time without any fear. And, the court after two weeks would also start hearing case of Rs270 million doled out of IB (Intelligence Bureau) accounts to topple the PML-N-led Punjab government in 2008-09.Authored by Chief Justice Iftikhar Muhammad Chaudhry, the verdict was announced by SC Registrar Dr Faqir Hussain in a press conference, which is quite unusual as normally the judgments are announced in the courtroom by the judges.The three-member bench, headed by the chief justice and including Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, had earlier announced a short order on Air Marshal (r) Asghar Khan’s petition filed in 1996 accusing the ISI of distributing Rs60 million among the politicians to manipulate the general elections of 1990.Ruling that the 1990 polls were rigged, the SC on October 19 had directed the government to take action against former army chief Gen (r) Mirza Aslam Beg and former chief of the Inter-Services Intelligence (ISI) Lt-Gen (r) Asad Durrani for violating the constitution by manipulating the 1990 general elections against Benazir’s PPP.The detailed judgment contains the affidavits of Gen Beg, Lt-Gen Durrani and Younis Habib, who provided the funds. It also contains a list of recipients, detail of distribution of money given by Asad Durrani and Hamid Saeed. The judgment also highlighted the role of the President and the Armed Forces.According to the judgment, the Attorney General while arguing in defence of president’s role in politics had lost sight of an important aspect of the case that the President of Pakistan after entering into his office obtained the status, which falls under the definition of a person who is in the “Service of Pakistan”.According to article 260 of the constitution, service of Pakistan means any service, post or office in connection with the affairs of the federation or of a province, and includes an All-Pakistan Service, service in the armed forces and any other service declared to be a service of Pakistan by or under act of Majlis-e-Shoora (Parliament) or of a provincial assembly, but does not include service as National Assembly speaker and deputy speaker; and Senate chairman and deputy chairman.It also excludes the prime minister, federal ministers, ministers of state, chief ministers, provincial ministers, attorney general, advocate generals, parliamentary secretary or chairman or member of a law commission, chairman or member of the Council of Islamic Ideology, Special Assistant to the PM, Adviser to the PM, Special Assistant to a CM, Adviser to a CM or member of a House or a provincial assembly. The said article specifically excludes certain offices from the Service of Pakistan that are listed after the phrase “but does not include”. The office of the president and the governors of the provinces are not listed among these exceptions.The court noted that there have been constitutional deviations, from time to time, due to that parliamentary system was weakened and could not flourish as envisaged by the constitution. The order said that late President Ghulam Ishaq Khan, ex-COAS Gen (r) Beg, and ISI ex-DG Gen (r) Asad Durrani, acted in violation of the constitution by facilitating a group of politicians and political parties, to ensure their success against the rival candidates in the general election of 1990, for which they secured funds from Younas Habib.The acts of Beg and Durrani have brought a bad name to Pakistan and its armed forces as well as secret agencies in the eyes of the nation, the court said and directed the federal government to take necessary steps against them under the constitution and law, though they have retired from the service. Proceedings shall also be launched against them for affecting the recovery of sums received by them with profit thereon by initiating civil proceedings, according to law.The ISI, MI or any other agency like IB have no role to play in the political affairs of the country such as formation or destabilisation of government, or interfere in the holding of honest, free and fair elections by the Election Commission of Pakistan. The 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.The court also said that legal proceedings shall be initiated against the politicians, who allegedly have received money in the general election of 1990. The money should be recovered from them with interest.According Asad Durrani’s affidavit dated 24-7-1994, Mir Afzal received Rs10 million, Nawaz Sharif 3.5 million, Lt-Gen (r) Rafaqat Rs5.6 million, JI Rs 5.0 million, Abida Hussain Rs1.0 million, Altaf Hussain Qureshi and Mustafa Sadiq Rs0.5 each, Jatoi Rs5.0 million, Jam Sadiq Rs5.0 million, Junejo Rs2.5 million, Pir Pagara Rs2.0 million, Maulana Salahud Din Rs0.3 million, Humayun Mari, Bugti’s son-in-law, Rs1.5 million, Jamali Rs4.0 million, Kakar Rs1.0, K Baluch Rs0.5, Jam Yousaf Rs0.75 million, Bazinjo Rs0.50 million and Nadeem Mengal Rs1.00 million.Durrani in its letter dated 7-6-1994 said that Khar received Rs2 million, Hafeez Pirzada Rs3 million, Sarwar Cheema Rs0.5 million and Mairaj Khalid 0.2 million, while Younus Habib in statement alleged giving Javed Hashmi Rs27.7 million.According to Brig (r) Hamid Saeed Akhtar’s statement dated 18-10-2012, by October 22, 1990, Rs140 million had been received. Thereafter that amounts was remitted, as ordered by MIDG, Rs40 million to GHQ account, Rs10.5 million to regional office of MI in Quetta, Rs5 million to interim PM Ghulam Mustafa Jatoi, Rs5 million to interim Sindh CM Jam Sadiq Ali, Rs2.5 million to Muhammad Khan Junejo, Rs3 million to Abdul Hafeez Pirzada and Rs2 million to Sibghat-Ullah Pir Sahib Pagara.The statement also said that Rs.03 million were given to Muzaffar Hussain Shah, Rs.03 million to Muzaffar Hussain Shah Rs0.3 million to Ghulam Ali Nizamani, Rs.02 million to Arbab Ghulam Rahim, Rs.03 million to Salahud Din (Takbeer), Rs.05 million to Yousaf Haroon, Rs.3,828 million to Sindh Regimental Centre, and also used for construction of men’s living barracks, interrogation cells. The remaining balance of Rs67, 628,511, including interest, was later on sent to GHQ along with up-to-date bank statements.One Brig (r) Kamal Alam Khan had sent an application to the then Chief Justice of Pakistan requesting therein that he may be impleaded as a party in the proceedings. The said application was registered as CMA No.109/1997. In the application, he named Brig (r) Hamid Saeed Akhtar, Brig (r) Amanullah, Lt-Col (r) Eqbal Saeed Khan, Lt-Col (r) Ejaz, Lt-Col (r) Mir Akbar Ali Khan and Lt-Col Salman Butt as the persons who were involved in the affair.