ISLAMABAD: Prominent rights activist Asma Jehangir has criticised Pakistan Tehreek-i-Insaf chief Imran Khan for his suggestion to involve the Military Intelligence (MI) and the Inter-Services Intelligence (ISI) in the proposed judicial commission to probe alleged rigging in last year’s general elections and said it is the “most ridiculous and apolitical demand” she has ever heard.

“Perhaps Imran Khan has a misunderstanding about the role of the premier intelligence agencies in the elections. He is asking for their involvement in the rigging investigation even though the agencies have a blemished past — a proven fact in the shape of Oct 19, 2012, Supreme Court judgement in the Asghar Khan case,” she said while talking to reporters at the Supreme Court building on Monday.

Know more: Strengthening of institutions key to preventing intervention: Asma

The court had ordered the federal government in the case to take action against former army chief Aslam Beg and former director general of the ISI Asad Durrani for their role in facilitating a group of politicians and political parties to ensure their success in the 1990 elections.

“It will be far better to appoint former ISI chief Shuja Pasha to probe the rigging allegations than involving the agencies in the investigation,” Ms Jehangir said. “The appointment will cause satisfaction and relief to Imran Khan since he is not going to accept any commission except the one headed by Mr Pasha. The PTI chief has no trust in any civilian.”

Speaking at a public meeting in Rahimyar Khan on Sunday, Mr Khan had floated the proposal of including ISI and MI representatives in the commission to be appointed by Chief Justice Nasir-ul-Mulk on the Aug 12 request of Prime Minister Nawaz Sharif to the Supreme Court to constitute a commission. The request had been made in the wake of Mr Khan’s threat to stage a march to Islamabad and a sit-in in the capital until the resignation of the prime minister.

Also read: HRCP concerned over undermining of civilian institutions

The request is still pending with the chief justice.

Ms Jehangir said it seemed as if the PTI chief did not understand the difference between a judicial commission and a joint investigation team (JIT). Representatives of the agencies can become members of a JIT to investigate a crime, but not of a commission the composition of which has to be determined by the chief justice by nominating a judge.

“Should the chief justice or a judge of the apex court sit with officials of the ISI and the MI on a commission to probe the allegations of poll rigging, the findings of which are not even binding on the government,” she wondered.

Referring to “wavering stance of Mr Khan”, Ms Jehangir said he had once termed the judiciary ‘historic’ when former chief justice Iftikhar Muhammad Chaudhry headed the Supreme Court, but “later the judiciary turned ‘bad’ when Justice Chaudhry failed to come up to his expectations”.

Same was the case with the incumbent chief justice who was earlier “our man” to Mr Khan but now he was describing the judiciary as impartial, she said.

“After a long time we have a good chief justice whose appointment has brought a relief to the bar because he does not have any personal agenda.”

About the appointment of chief election commissioner, she said when the 18th Amendment was being drafted, lawyers were openly opposing the idea of appointing a judge as the CEC. “It does not behove a Supreme Court judge to accept the lesser office of the CEC and then become controversial,” she said.

Published in Dawn, November 11th, 2014