ISLAMABAD - Legal heirs of late Air Marshal (r) Asghar Khan on Thursday rejected the recommendation of Federal Investigation Agency to close file of Supreme Court’s 2012 judgment regarding famous Asghar Khan case.

The family members of late Air Marshal (r) Khan also sought conclusion of the trial against the military personnel involved in the case, wherein it was alleged that military establishment doled out millions of rupees to buy loyalty of politicians and public figures to manipulate the 1990 general elections to block victory of Pakistan People’s Party (PPP).

They also requested placement of the result of the trial before the people of Pakistan.

Submitting a five-page reply, late Air Marshal (r) Khan’s wife Amina, his son and daughters stated that the recommendation of FIA reflected its failure to carry out implementation of the top court’s judgment on a case.

The reply filed by Advocate Salman Akram Raja, on behalf of the legal heirs, stated that Lt Col (R) Eqbal Saeed, Col (R) Salman Butt, Brig (R) Amanullah Khan and Lt Col (R) Amir Akbar Khan might have been in possession of materials and might be able to provide testimony relevant to the inquiry.

“The fact that over the last more than 6 years no attempt was made by the FIA to procure documentary or oral evidence from Brig (R) Hamid Saeed Akhtar or any of the other officers named above reflects poorly on the ability and desire on the part of the FIA to carry out its duty as well as the directions of this court,” the reply stated.

The family members expressed their surprise that the name of Brig (R) Akhtar had not been mentioned by the FIA as a person capable of providing documentary or oral evidence to the inquiry.

It is further stated that the retired army officers had not been interrogated, adding that the stance of FIA regarding whereabouts of officers, asked from Ministry of Defence, is also a vague justification.

“From the foregoing it is clear that no attempt has been made by the FIA to approach for evidence the central figure, Brig (R) Hamid Saeed Akhtar, who had confessed before this court his role in carrying out the unlawful operation regarding disbursement of funds to various politicians and institutions before the general election of 1990. As regards the other named officers, only a half-hearted attempt has been made to approach them. This attempt has not been supported by Ministry of Defence. In these circumstances, the request to close the inquiry and the case is unwarranted.”

The reply further added that the acts of former Chief of Army Staff (COAS) General (R) Aslam Baig and fomer Director General Inter-Services Intelligence (ISI) Asad Durrani had brought a bad name to Pakistan and its Armed Forces as well as secret agencies in the eyes of the nation.

“More than 6 years after final judgment of this court, proceedings against none of the military personnel involved in the matter, including General (R) Aslam baig and General (R) Asad Durrani, who had confessed their wrongdoing against the Constitution and the law, have been concluded,” the reply said. 

“Now it is sought to close the proceedings as regards the politicians who allegedly participated in the corruption and corrupt practices to which the general election held in the year 1990 was subjected.” The reply further stated that unless the persons involved in violation of the Constitution and in the corrupt practices are visited with penal consequences, recurrence of such violations and commission of corrupt practices shall remain a threat to the democratic process in Pakistan.

It said that late Asghar Khan endeavoured to cleanse the democratic process from unlawful interference by any person, military or civilian, no matter how highly placed. “This endeavour has not yet achieved fruition and a just end”, the reply concluded.