ISLAMABAD - The Supreme Court on Tuesday hearing Asghar Khan’s petition, in which he had alleged that the ISI financed politicians in the 1990 elections by dishing out Rs 140 million to create the Islami Jamhoori Ittehad (IJI) and prevent Benazir Bhutto’s PPP from winning the polls observed that the government was not implementing its judgements passed in many cases.

Chief Justice Iftikhar Muhammad Chaudhry heading a three-member bench said that they have passed judgements in Sindh High Court Bar Association case, Karachi killings and also passed interim order on the Balochistan law and order situation which the government has failed to implement. But nothing had happened and government took no step, he said.  He said: “the government does not implement the court orders then what would happen even if they pass the judgement in the Asghar Khan petition.”

Justice Jawwad S Khawaja remarked this court is not prosecutor and questioned, counsel for Asghar Khan that 16 years have lapsed and did any political government, particularly the PPP government, which suffered on account of the manoeuvering, had taken notice of the violation under Article 17 of the Constitution. Salman Raja said when the State machinery is paralysed then the court comes into action. Salman Akram Raja, resuming his argument earlier, demanded of bench to direct both the Election Commission of Pakistan and the government not only to inquire but also to take action against those who had maneuvered the 1988 elections. The Chief Justice asked him to point out the law.

Salman argued that whoever interferes or influences the outcome of the election result could be punished under Representation of the Peoples Act 1976 and the Section 177-C of the Pakistan Penal Code.

The CJ said that interference in the electorates rights is the subversion of the Constitution.

He said they always made efforts to save the Constitution and the democratic system.

The larger bench of the Supreme Court did not approve November 3rd actions. He said the Parliament not the apex court validated the illegal actions of the dictators.

The Chief Justice said no IJI would be formed again and only that would be done which the Constitution permitted.

The court issued notice to Brigadier (Retd) Hamid Saeed, a former officer of Military Intelligence.  Roedad Khan, former Interior Secretary filed CMA. In his application he stated that he never distributed funds and was not a member of any cell. He also stated that he never met Aslam Beg, except once as the then Secretary Interior.

Roedad informed the court that according to Rafi Raza report General Shujaat was overseeing the political cell, which might be available either in the President House or the PM’s Secretariat. 

The Chief Justice said they were awaiting Presidency’s response that whether or not there were any records pertaining to the matter (ISI political cell). The Chief Justice remarked that recently three retired Generals, involved in the NLC case, were reinstated by the Pak Army to proceed against them.

“This sends the good message that the wrongdoers are subject to law, even after their retirement,” he said.

Salman said in the Rental Power Project judgement the court has declared that the wrong done in the past can’t be ignored and the persons responsible for the wrongdoings need to be prosecuted.

He said that there was serious allegation in the case that money was arranged so that a group could perform better in the election against the Pakistan Peoples Party.

Salman Akram Raja said the individuals, no matters how high the post they hold, have committed wrong should be brought to justice.

He said two weeks ago in Turkey the government took action against 300 people, including Army Generals.

Akram Sheikh, counsel for Aslam Beg, argued that Naseerullah Babar was the linchpin of the controversy surfaced in 1997. He requested the court that he should be given 12 pages statement of Babar.

“How can I argue unless the copy of Naseerullah Babar’s statement is not given to me.“ But the court turned down his request.

The court had sealed Naseerullah Babar’s statement, as it contains some sensitive information.

The Chief Justice asked Akram Sheikh that you yourself had crossed examined Naseerullah Babar.

The learned counsel said that the story was cooked up against his client, who only provided logistic support with the consent of other military officials. It was a preplanned conspiracy to implicate Aslam Beg, he alleged.

The Chief Justice said that they are not holding trial but in this case seeing whether certain violations were committed?.

The case was adjourned till Wednesday(today).