ISLAMABAD: The Supreme Court has yet again asked the Federal Investigation Agency (FIA) to furnish a comprehensive report in the implementation of 2012 Asghar Khan case after it was told about reluctance, especially on the part of certain banks, to provide information required for the probe.

Read: SC seeks banks’ data in Asghar Khan case

In a two-page order, a two-judge Supreme Court bench — consisting of Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan — recalled how Ministry of Defence Director Legal Brig Falak Naz had during the hearing on April 2 said that a reply was filed but it had appeared that the report was not available on record. The court, however, asked the representative to furnish another copy of the report.

The Supreme Court is seized with a case relating to the implementation of the Oct 19, 2012 landmark verdict in which it had ordered the federal government to initiate necessary action against former army chief retired Gen Aslam Beg and former Inter-Services Intelligence (ISI) director general 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, in the 1990 general elections.

Read: Asghar Khan case

In 1996, former chief air marshal Asghar Khan had filed the constitutional petition before the Supreme Court, requesting it to look into the allegations that the ISI financed many politicians in the 1990 elections by dishing out Rs140m among them.

Case relates to dishing out of Rs140m to a group of politicians by agencies in 1990 elections

In an earlier report, the ministry of defence had stated before the apex court that the court of inquiry was entrusted with the responsibility to hold inquiry into the alleged involvement of military officers in the distribution of funds to politicians during the 1990 general elections.

The defence ministry report recalled that three prosecution witnesses had already been examined and efforts were in hand to trace or call other witnesses as well.

The report had stated that all material witnesses, including civilians, would be examined by the court of inquiry accordingly and therefore all out efforts were being made to finalise the proceedings of the court of inquiry expeditiously as per rules and regulations. The court of inquiry is being headed by an officer of the rank of lieutenant general.

Referring to the FIA, the fresh order recalled that the apex court had examined the agency’s report in which certain aspects were required to be clarified.

In the FIA report, the order stated, there was a reference of “cover accounts” but it was not clear from the record of the banks who were operating these cover accounts. Secondly, there was also a complaint that some record had not been made available to FIA, more particularly of the banks concerned.

The fresh order stated that another effort in this regard be made and the details are included, otherwise the list of the banks that were failing to make the relevant record available should be provided to the court by the FIA.

It also noted that certain individuals who were required to appear before the FIA and give information were not cooperating.

Former prime minister Nawaz Sharif, the Jamaat-i-Islami, and former ambassador to the US Abida Hussain have already denied before the Supreme Court that they ever took funds from the ISI in the 1990s for creating the Islami Jamhoori Ittehad.

Published in Dawn, April 09th, 2019