ISLAMABAD: The Supreme Court on Monday asked the legal heirs of the late Air Marshal Asghar Khan to assist it in adopting a legal course especially when the Federal Investigation Agency (FIA) had suggested closing the decades-old scandal dating back to the 1990s.

“We would like to issue notices to the legal heirs of Air Marshal Asghar Khan, who passed away, for rendering legal assistance how the court should proceed further in the matter,” said an order dictated by Chief Justice Mian Saqib Nisar.

A two-judge SC bench headed by the chief justice had taken up the implementation of the Oct 19, 2012 landmark verdict in which the apex court had ordered the federal government to initiate necessary action against former army chief retired Gen Aslam Beg and former director general of the Inter-Services Intelligence (ISI) retired Lt Gen Asad Durrani for their role in dishing out Rs140 million to a particular group of politicians, including former prime minister Nawaz Sharif, during the 1990 general elections.

The judgement was issued on a constitutional petition filed in 1996 by the late Asghar Khan requesting the Supreme Court to look into the allegations that the ISI had financed many politicians in 1990.

In response to the petition, Lt Gen Durrani had submitted an affidavit giving details of the amount he had authorised on the alleged directive of Gen Aslam Beg to be paid among the politicians.

FIA has suggested closing the decades-old scandal

On Monday, FIA Director General Bashir Memon read out a four-page report in which the agency suggested that the case merited closure. “The accurate amount given to politicians is not visible; even the concerned banks did not provide the requisite record appropriately at this belated stage i.e. after about 24 years,” the concluding paragraph of the report stated.

Moreover, it said, the GHQ, which was conducting its own probe, was yet to inform the FIA about it and, hence no legally acceptable evidence was available with the agency on the basis of which criminal case might be initiated against alleged politicians.

The report said the FIA had also requested the defence ministry to provide the current whereabouts of the officers allegedly involved in disbursement of money to the politicians. A high-level meeting in this regard was held at the GHQ on Nov 1, 2018 in which it was decided that the defence ministry would initiate proceedings against the army personnel concerned in accordance with applicable laws and that their names could not be shared owning to some sensitivities.

In its earlier report, the FIA had also informed the apex court that it had asked for some record from the defence ministry relating to the current whereabouts and contact information of five intelligence officials — retired Brig Amanullah Khan, retired Lt Col Eqbal Saeed Khan, retired Lt Col Ejaz, retired Lt Col Mir Akbar Khan and retired Lt Col Salman Butt — for their role in disbursement of the funds among the politicians.

In response, the defence ministry had asked the FIA to furnish army numbers of these officers since it was not possible for them to identify these officers without such information, the report had said. “This information is not available with the FIA,” it said, adding that the agency had requested the defence secretary again to identify the officers on the basis of record and provide their current whereabouts and contact information.

The FIA report had explained that during investigations Gen Aslam Beg had denied conveying any instructions of the Presidency or GHQ, adding that Lt Gen Asad Durrani was directly in touch with the Presidency. Likewise, Lt Gen Durrani had admitted to having disbursed the money but said it was done under the instructions of Ijlal Haider Zaidi and Roedad Khan of the then president’s Election Cell and that the army high command (COAS) was on board.

The fresh report explained that the National Accountability Bureau (NAB) had informed the FIA that references against Mohammad Younus Habib of Mehran Bank for having embezzled over Rs1.5 billion as fake loans but handed over only Rs140.7m through cash withdrawal had ended with a plea-bargain arrangement as he made settlement with Habib Bank Limited for Rs3bn on Aug 15, 2002.

In the references 23/2003 and 23A/2003 of NAB, Younus Habib pledged the shares of his company with the National Bank of Pakistan and was acquitted by an accountability court on Sept 22, 2001, the report said.

It explained that it was a settled rule of jurisprudence that in the absence of corroboratory evidence conviction could not be based on hearsay evidence. Persons seemingly acquainted with facts and circumstances of subject case could not even provide the leads that might have helped the FIA collect sufficient evidence, the report said.

PTI stance

Meanwhile, Information Minister Fawad Chaudhry said at a press conference that Prime Minister Imran Khan had discussed at a meeting the recent development in the Supreme Court on the Asghar Khan case in which the FIA suggested its closure due to non-availability of incriminating evidence.

Mr Chaudhry said the Pakistan Tehreek-i-Insaf stuck to its stance which it had before the 2018 general elections. “Asghar Khan case was the worst example of financial crime and the FIA should complete its investigation into it.”

Asked why the FIA had bypassed the government and without informing it had requested the Supreme Court to close the case, he said the FIA had requested the apex court because the matter was between the court and the agency.

He, however, said the prime minister had summoned the FIA director general to have a detailed briefing on the matter.

Published in Dawn, January 1st, 2019