SC puts an end to political role of Presidency, agencies

LAHORE - Although the Supreme Court verdict on the Ashgar Khan case has been interpreted differently by the political pundits, the majority of jurists believes the decision has put a seal on the political role of Presidency and the agencies.They say the strong effect of the decision will be felt on the upcoming elections particularly in Balochistan where people have been demanding end to agencies’ interference in the political affairs.From what happened before the 1990 elections, they say the decision has clearly identified presidency acting in league with the army and agencies to play a deep role in electoral process and sought action against the persons concerned while the politicians given money have yet to be detected through inquiry by the FIA.The investigating agency, they said, will have a testing time not to let the government hijack the process to victimise its rivals and keep them away from election contest as well as for conducting across-the-board probe as allegations of receiving money have also been levelled against the PPP men. Counsel for Genreral Mirza Aslam Beg, Muhammad Akram Sheikh, was satisfied with the decision and said the verdict had closed the door of political activity on the president since the presidency as symbol of federation, could neither represent a political party nor a political office.  Sheikh said it is a “victory” in the case that political cell in the presidency has been closed down and the president has also been refrained from playing a political role which means he will have to abandon the office of PPP Co-chairperson.About the action against his client, Sheikh said, citing the paras 13 and 14 of the order, the SC asked the federal government for taking steps against the two ex-servicemen under the Constitution that means their cases would be referred to the army, while against the beneficiary politicians, legal proceedings have been sought after probe by the Federal Investigation Agency (FIA). He said the decision has far reaching effects as the governments came to power after 1990 will also have to share the responsibility. “And, the PPP will not be absolved since it came into power twice during this period.” Former Supreme Court Bar Association president Hamid Khan seconded Sheikh over the matter of presidential activities.He expressed his pleasure that for the first time in the history, the SC had taken two generals to task though they were retired.  Khan said the proceedings against the ex-generals may be held under the Constitution before the civilian court or the case may be given to the army to prosecute them under its Act.  He did not see much heat coming to the politicians who allegedly benefited from the secret fund. The chance of this eventually appears bleak at present as such; it is a remote thinking that beneficiary politicians get disturbed for the upcoming election contest. Hamid said it will be the prosecution to prove the guilt. Counsel for the petitioner, Raja Salman Akram, termed the decision a milestone and said the federal government had no escape from its implementation.He said the action against former army chief and former ISI head was very much possible in light of the decision while the court was competent to also form a bench for implementation of the verdict.Former SC judge Wajihuddin Ahmad dubbed the decision as “more of a direction to the federal government for looking into the matter and fixing responsibility than directly penalising anyone”. However, he doubted the sitting government will do anything in view of the past when no government since the incident took place in 1990, took note of the charges. He said in 1999, the court also passed a decision on the petition but before any move could be made, martial law entered in and put breaks on everything. He said the decision was a welcome opportunity to end the series of malpractices in politics and to purge the presidency and the army of the politics. “If we failed this time too, the masses will lose confidence in the electoral process and the democracy,” Justice Wajih said, adding that the action had been sought against the two army generals therefore its effects couldn’t be matched with that of serving ones.Former Supreme Court Bar Association president Tariq Mahmood said after the decision it was up to the government and the FIA to make it effective through unbiased and sincere investigations. About implementation of the decision, he said, national interest must be upheld.”

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