SC issues detailed verdict of Asghar Khan case

Published Nov 08, 2012 04:48pm

Dr Faqir Hussain, Registrar Supreme Court of Pakistan, reads out the detailed judgment in human rights case No. 19 of 1996 (application by Air Marshal (Retd) Asghar Khan), at the Supreme Court building in Islamabad on Thursday. – Photo by APP

ISLAMABAD: Registrar Supreme Court Dr Faqir Hussain on Thursday read out the detailed verdict of 1990 election rigging case to the media representatives, DawnNews reported.

The apex court had issued a landmark short verdict on October 19 ordering legal proceedings against former head of Inter-Services Intelligence (ISI) General (Retd) Asad Durrani and former army chief General (Retd) Aslam Baig.

They had allegedly bankrolled politicians to stop the current ruling Pakistan People’s Party (PPP) from winning the 1990 election.

The case was filed 16 years ago by Air Marshal (Retd) Asghar Khan .

The detailed verdict of 141 pages is drafted by Chief Justice Iftikhar Muhammad Chaudhry.

The verdict declares that both the accused former generals of the armed forces defamed their institution, adding that doling out money to a group of politicians was an individual act rather than of the institution itself.

The verdict also said that the duty of secret agencies was to protect the borders instead of forming election cells.

The diary of Brigadier (Retd) Hamid Saeed is also included in the detailed verdict which carries names of the politicians who received money and the amount they accepted.

Political cell, if any, of the President House should be abolished, stated the verdict, adding the then president, army and ISI chiefs unfairly used authorities bestowed upon them and also violated the constitution.

The court, in its short verdict, had directed the Federal Investigation Agency (FIA) to conduct a transparent criminal investigation against all the politicians involved and if sufficient evidence was collected, they should be sent for a trial according to the law.

The verdict also recommends holding the upcoming general elections on time and without any fear and doubts.

The text of the detailed verdict.

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Comments (24) (Closed)


rajiv
Nov 09, 2012 03:42am
what an meaningless judgement... you have hamid gul on TV giving enough details boldly that he made started the whole thing... wow...
Gopal Patel
Nov 09, 2012 03:20am
A very bold land mark judgement.It will go a long way in putting the country's political class and military on their right path, and also ensure that they work in the larger interest of Pakistan.
M. Asghar
Nov 08, 2012 06:04pm
Thank heavens, the catharsis is on via the judiciary for the good of the country and its people.
Mustafa
Nov 08, 2012 06:00pm
Beg and Co. will definitely try to pitch army against judiciary. We hope that Kayani does not go along the criminals.
Malick
Nov 08, 2012 06:34pm
This is unique and historical decision from SC, FIA must complete investigation within 15 days about those politicians who took money should be trialed before declaration election date and be debare from taking part in election. Son of pir paghara should pay for his father. Statue should be made of those who are expired and kept together infront of parliament with some signe of punishment. Those are still alive their statue should be next to expired on tickets money should be collected.
Rizwan
Nov 08, 2012 06:34pm
an individual act??? oh c'mon why do we need to always massage & sooth the khakis even when trying to point out their corrupt & criminal behaviour? it was army officers of lower ranks including colonels & brigadiers who were hounding & patrnoizing polititcians on the order of top general (s) and yet we still don't have the courage to fix the guilt appropriately. An institution is made by individuals and similarly individuals represent institution. It was army, not the individuals who were involved in this corrupt practice of influencing the election results. Have some courage to call spade a spade!
Khan
Nov 08, 2012 06:41pm
Where is the justice? Where are the name sof the people who received this money for wrong intention?
baakhlaq
Nov 08, 2012 07:14pm
in most of the countries statues are made to celebrate their heroes but you are suggesting to do the same with anti- heroes,if at all it is to be done, where the statues of the involved journalists &anchors should be erected? I think the grave of Ghulam Ishaq Khan will be more suitable for these statues than parliament.
Ahsan7979
Nov 08, 2012 07:49pm
So you would say all Pakistan is bad instead of people of Pakistan who do bad things?
kamran
Nov 08, 2012 08:23pm
It's an individual act. Army is the biggest and most organised institution. such acts should not undermine it's value and credibility. Judiciary is doing work but it requires to be unbiased and depoliticise the problems in hand. Any thing for better Pakistan is supported.
Sohrab
Nov 08, 2012 09:16pm
Bravo suprmeme court. This verdict is not against the generals or a set of politicians. It is against the use of institutions in what they should not be doing. For a while in the recent past, I felt the supreme court has been very biased in its judgements against one group of politicians. 'The supreme court is the highest court of the land, I learnt in elementary school in Pakistan, and represents all the people of Pakistan equally without fear or favor'. My father whose name is on the walls of this supreme court would always quote 'Justice Must Not Only Be Done It Must Be Seen to Be Done'. Thank you all the justices and the supreme court registrar on behalf of us the people of Pakistan; as otherwise all those in power just do not care.
pathanoo
Nov 08, 2012 07:44pm
Mustafa, You are still dreaming.
Employee
Nov 08, 2012 10:08pm
The Judgement seems to assume that the sub-ordinate knows exactly what his duties are and hence may refuse to obey if the order is outside his job description. To my knowledge and understanding, many (if not all) Pakistani government employees don't know their job description. I never got a copy of my job description or core conditions of employment. Typically employee joins an organisation first and then, if he really bothers, he may get a copy of his job description if the whole organisation has any. Its , probably and in most cases, not that you would get a copy of job description and core conditions of employment and read it and then make your mind to accept the job offer or not. In reality you try to get the job, in some cases, by any means and don't worry about what you "should be" doing. How would a soldier (not COAS though) know what his job description is when the poor chap is never handed one. All he would know, I presume, is obey.
m k ghauri
Nov 08, 2012 10:20pm
After the supreme court verdict it is the responsibility of the present Govt to take further action as directed by the court .This will be a test whether they are themselves involved in such dirty tricks to out do the opponents, Perhaps they will not take any action as they themselves are not clean.
BNS
Nov 08, 2012 10:54pm
Do not courts generally announce the sentences as well? Why those who are found guilty NOT sentenced?
Sehrish Amber
Nov 09, 2012 01:44pm
@ Rao so you think numerous Martial laws were also individual acts ?
Sehrish Amber
Nov 08, 2012 06:15pm
Detailed verdict has been announced but still General Aslam Baig and General Asad Durrani, despite of admitting their involvment in doling out money by using extra-constitutional means, have not been sentenced. why ? Are they also immune ?
Sehrish Amber
Nov 09, 2012 01:53pm
Ah, it means we must wait anither 16 years and 1600 hearings ? In fibre optic era we are going with a pace of a tortoise.
Suleman Samuel
Nov 08, 2012 06:27pm
Current scenario, showing a great confusion; verdict of Apex court should not create problems; Retired Generals of army had been convicted only. On the other hand those Politicians who were involved in the sinister act with these Generals had not been mentioned in the verdict. However, every one knows which politicians were involved. Yesterday's interview of convicted formal Army Chief, Retired General Aslam Baig given on Geo news ushers the story on a new turn. He described that " statement of General Ashfaq Pervez Kayani is the Ultimatum of Army's Coo," which puts the story in alarming sense....
ficttious
Nov 09, 2012 02:05pm
JUSTICE DELAYED! JUSTICE DENIED!!! SOMEONE ASK THEM ON THE SIXTEEN YEARS!
Bughio
Nov 08, 2012 06:55pm
what does it mean individual act not institute itself
Rao
Nov 08, 2012 07:05pm
So you think whatever portion of Chief Justice's matches your ideology is correct and whatever does not is wrong? If he is saying it is not act of institution then believe him, it's his job to tell us what's right or wrong so he can do it better than you. You are influenced by your hatred.
pathanoo
Nov 08, 2012 07:44pm
YES.
Rao
Nov 08, 2012 07:07pm
It was just a verdict that whatever they did was wrong. Another case will decide the penalty.