CJP directs FIA to wind up probe into Asghar Khan case

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LAHORE: Chief Justice of Pakistan Mian Saqib Nisar on Tuesday made it clear that no further delay will be tolerated in the implementation of the October 19, 2012 verdict in the Asghar Khan case.

The chief justice, who headed a three-judge bench, directed the Federal Investigation Agency (FIA) to wind up a probe into the case without wasting even a minute’s time.

Veteran politicians Javed Hashmi, Mir Hasil Bizenjo, Ghulam Mustafa Khar, Abida Hussain, FIA director general Bashir Memon and others appeared before the bench.

When asked about whether former premier Nawaz Sharif recorded his statement before the FIA, Memon replied in the negative and said his statement has been submitted.

The CJP observed whosoever is called by the FIA will have to appear before it.

He said the time has come that they think about the nation, putting aside personal interests. “Pakistan is our mother, but unfortunately we couldn’t protect our mother. We preferred personal interests over the country.”

When Hashmi referred to the apex court’s green-light to former military ruler Pervez  Musharraf to contest coming polls, the chief justice said the former president made a request with regard to his return to the country and therefore, he removed all hurdles in his return.

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It remains to be seen how brave he is to return and face cases, he remarked.

Addressing Hashmi, the chief justice said the politician once said if he (CJP) contested elections from Bhatti, he won’t be able to win polls.

He said he didn’t desire to run in elections, but protect the country’s Constitution.

The veteran politician complained that the Asghar Khan case is being used to persecute and discredit politicians.

At this, the chief justice said the case was not aimed to defame or harass political people and added they will be victorious if they come out clean.

Background

Air Marshal (retd) Asghar Khan wrote a letter to the then chief justice of Pakistan Nasim Hassan Shah in 1996, in which he alleged that the then president Ghulam Ishaq Khan, then army chief General Mirza Aslam Beg, then ISI director general Lt Gen Asad Durrani as well as then owner of now defunct Mehran Bank Younis Habib had distributed Rs 140 million among several politicians to manipulate the 1990 polls to defeat Benazir Bhutto.

After the passage of more than a decade following the matter having brought to the apex court, it gave a 141-page landmark verdict on October 19, 2012 declaring that 1990 elections were rigged.

It ordered the Federal Investigation Agency (FIA) to investigate the matter and if evidence was found against anyone, action should be taken against them.

The court held that there was sufficient evidence to suggest that the 1990 election was rigged and that a political cell maintained by the then president Ghulam Ishaq Khan at Presidency supported formation of the IJI to stop a victory of the PPP.

It found Ghulam Ishaq Khan, Baig and Durrani guilty of violating the constitution.

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