ISLAMABAD – Air Marshall (r) Asghar Ali Khan has sought the Supreme Court to declare the acts of all persons involved in Mehrangate scam as unconstitutional and give a ‘symbolic judgment’ of his case.
However, he prayed to the court to direct the federation to bring treason charges against the alleged givers and recipients of funds for illegal political manoeuvring. As a three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, resumed hearing of this unprecedented and high-profile case on Friday the chief justice advised the Asghar Khan’s counsel Salman Akbar Raja to ask his client ‘what he wants’.
The chief justice suggested that despite a confession by the former ISI chief of disbursing funds to different politicians and the earth-moving statement from former chief of the defunct Mehran Bank Limited Yunus Habib, it would be hard for Asghar Khan to prove his allegations. Moreover, the maintainability of the plea against the ISI (Inter-Services Intelligence) was yet to be decided, he added.
On Thursday, Younis Habib told the court that former President Ghulam Ishaq Khan and former Army Chief Mirza Aslam Beg had forced him to arrange Rs400 million for politicians in the name of national interest before the 1990 general elections. The then ISI chief Lt-Gen Asad Durrani in his statement has admitted that funds were transferred to certain politicians to doctor the election against the PPP. During Friday’s proceedings, Asghar’s counsel after consulting the petitioner told the bench that all they want is a ‘symbolic judgment’ of the case and that they do not seek any punishment for the civilian and military leaders involved in the scandal.
The counsel prayed the court to give a declaration that all persons, including army officers, who are respondents, who acted so as to interfere with and manoeuvre the electoral process in any manner, including through disbursement of funds, have subverted the constitution.
He also prayed the court to issue direction to the federation to initiate appropriate proceedings under criminal and election laws against the alleged givers and recipients of funds for political purposes including the respondents and the various persons named in Lt-Gen(r) Durrani’s letter to PM dated 7-6-94 and affidavit dated 24-7-94.
The guilt has to be determined and such persons should be tried under the treason law, Salman Raja said. He stated that no member of the armed forces is obliged to obey a command in violation of oath of his office and cannot take the defence of ‘command of the superior’. Receiving secret funds and non-disclosure thereof constitutes serious electoral fraud with consequences under the election laws.
General (r) Aslam Beg and Lt-Gen Asad Durrani in response to the affidavit of Yunus Habib filed their rejoinders. Gen Beg rejected Yunus Habib’s allegations, declaring his affidavit as a ‘bolt from the blue’ and saying the central protagonist of the scandal was trying to ‘scandalise’ court’s proceedings and was trying to malign his and former president’s name.
The court after going through the affidavit of Gen Beg found that the para 14 of his statement was contemptuous. The said paragraph read: “Submitting this counter affidavit I sincerely thank apex court for making me complete my ‘hat-trick’, of appearing thrice before this apex court  first before Chief Justice Muhammad Afzal Zullah, second time before Chief Justice Sajjad Ali Shah and now before this honourable court, under the dynamic leadership of Chief Justice Iftikhar Muhammad Chaudhry. This is an honour, bestowed on me  which no other COAS can possibly claim. The para concluded with the words, “And yet, I wonder: ‘Jane kis jurm ki paye hay saza yad naheen’ (Why I am being punished, I know not).”
The court when drew the attention of Beg’s counsel Akram Sheikh towards that paragraph, the counsel first stated that the same is to be read in the context of other paragraphs as, according to him, his client was being maligned at the behest of Pakistan People’s Party government; but later he said he had not gone through the contents of the counter affidavit and he was informed about the document after getting it prepared and sworn today (Friday) in the morning.
He further stated that if the court desires, he may be allowed to disassociate himself from the present proceedings. The chief justice asked Akram Sheikh that this is between him and his client.
Justice Khilji Arif Hussain remarked that it has become psyche of the Armed Forces personnel that “we are superior and they (civilians) are inferior”. “We know some people use the term ‘bloody civilian’,” he added. The justice declared it as disgraceful and asked General Beg, “Have you come to play golf?”
After Gen Beg was reprimanded by the court, he approached the rostrum and requested the court for forgiveness. The court advised him to submit a written apology, to which he obliged by filing this written statement: “With reference to my affidavit in response to affidavit of Yunus Habib I sincerely apologise for the contents of para 14 of my affidavit, and submit that it may be deleted and not considered as part of my affidavit.” The court accepting the unconditional apology deleted the said paragraph.
Lt-Gen (r) Asad Durrani, the then ISI director general, in his affidavit submitted: “I received instruction from the then COAS General Aslam Beg that a certain business community in Karachi had raised some contribution to support the election campaign of the IJI (Islami Jamhoori Ittehad) and if I could arrange it to be distributed as per the formulas that would be conveyed to me by the election cell in the president’s office.” He also said that an election cell was established in President’s House for funding the IJI, adding the Military Intelligence director general was also involved in the case.
He said: “As I (have) already stated that there is no political cell in ISI, however, political work could be done by some designated persons.” He stated in 1994 he was not aware in respect of Mehran Bank scandal, but as he was asked only to provide the details of the money amounting to Rs140 million, which was spent in the election, therefore, he never tried to know that under whose instructions the said amount of Rs140 millions was collected from the business community of Karachi; and that he does not recall as to whether he was cross-examined in-camera or not.
Akram Sheikh argued that from the day one his point of view has been that this case is absolutely based on disputed facts. The counsel stated he is of the opinion that a political cell was created under an administrative instrument/executive order passed by late Zulfikar Ali Bhutto, PPP founder and a former chairman, by means of an SRO (Statutory Regulatory Order) issued in the year 1975; that existence of such political cell is unwarranted and is an interference in the fundamental rights of the people of Pakistan, guaranteed under Article 17 of the constitution; and that this court could declare that no such political cell be allowed to continue in the security agencies.
He further argued that the petitioner Asghar Khan also confines himself to the extent of existence of the political cell in ISI, as is evident from his various letters addressed to this court on 17-4-1998, 30-1-1999 and 9-11-1999 respectively.
Yunus Habib informed the court that he does not want to add anything further except the statement, which he has already given before this court. Justice (r) Khizar Hayat, counsel for IJI, said that they have not taken any money and it was a groundless accusation.
The chief justice observed that there were conflicting statements given to the court by all the respondents, hence it was necessary to launch an inquiry in this case. Concurring to the chief justice’s statement, Shaikh said that if a judicial commission is constituted by the court, it will be duly accepted.
Salman Akram Raja said that the records from banks where the money was transacted from should be obtained. He also said that all the respondents, being government officials, have violated the oath by committing this act. Raja said that directive according to the constitution should be given so that such a scandal do not surface in the future.
The court directed Attorney General Maulvi Anwarul Haq to inquire from the federal government whether Commission Reports regarding Mehran Bank and Habib Bank have been made public and if not so then reasons should be assigned and the said reports should be made available for our in-camera perusal.
The attorney general stated that meanwhile he would submit an application for permission to go through the cross-examination on the affidavits of Lt-Gen (r) Asad Durrani and Gen (r) Beg and after that he will assist the court as to whether in view of the developments which have now taken place in the case after the statements of Yunus Habib, Asad Durrani as well as counter affidavit filed by Mr Beg; such proceedings can be considered to be classified by the state or the courts could declare them declassified.
The court directed the office concerned to handover photocopies of the affidavits filed by Mr Asad Durrani and Mr Yunus Habib as well as counter affidavit submitted by Mirza Aslam Beg along with authentic copies of the orders sheet to the learned Attorney General for Pakistan during course of the day. The case was adjourned till March 14.