ASGHAR KHAN CASE and The 7th May 2018 Supreme Court Order - BY: Sadiq Hussain

1. It’s a landmark order by Hon’able Chief Justice Mian Saqib Nisar; Mr. Justice Umar Atta Bandial and Mr. Justice Ijaz Ul Hassan, regarding the 2012 judgment of Chief Justice Iftikhar Muhammad Chowdhry.

a. CRP No. 299/2012 (For Gen Durrani)
Having heard the learned counsel for the petitioner and considering the points mentioned in the memo of review petition, mainly that the petitioner was merely obeying the orders of his superior (relying on Section 33 and 34 of the Pakistan Army Act 1952), whereas no such order has been placed on the record to substantiate such a statement. Even otherwise, the provisions relied on above by the petitioner’s counsel require obedience to a ‘lawful’ order and not otherwise, therefore, reliance on the same is unfounded.” Dismissed accordingly

b. CRP No. 329/2012 (For Gen Aslam Beg)
Having heard the petitioner in-person and considered the points mentioned in the memo of review petition, no case for review has been made out. Dismissed accordingly.”

c. For Attorney General:
As regards the implementation of the judgment in question, notice has been issued to the learned Attorney General for Pakistan to apprise this Court as to what steps have been taken so far by the Government to enforce and implement the said judgment in pith and substance and in letter and spirit. The Director General, FIA is also directed to apprise this Court as to what steps have been taken with regard to the specific directions given to him in the judgment in question.

2. From the perusal of the Supreme Court Judgment of 19 October 2012 and the evidence which AM Asghar Khan and Lt Gen Durrani have submitted in support of their narrative, prove a clear-cut conspiracy against General Aslam Beg and the Army. The following is the sequence of events, which prove the conspiracy, beyond any doubt:

3. Sequence of Events
a. In March 1992, Gen Durrani working as DGISI was removed from service. When PPP came to power in 1994, Gen Durrani was appointed Ambassador to Germany.

b. June 7, 1994: DG FIA, Rehman Malik visits Germany to discuss the
Game Plan with Gen Durrani. After the meeting with Rehman
Malik on 7 June 1994, Gen Durrani writes in his own hand, Eyes
Only letter to the Prime Minister, seeking clarifications on the Game Plan, If the purpose is to Put Gen Beg on the Mat and the opposition, to the wall, the it is understood (Gen Durrani’s Affidavit dated 7 June 1994).

c. Early July 1994: Rehman Malik again visits Germany, with a typed
list on Court paper, of politicians alleged to have received funds
from DGISI. Gen Durrani signed this letter under duress/“special
circumstances”, with the assurance that his affidavit will be used
only for the commission of enquiry. (Gen Durrani’s Affidavit dated

d. On 20 July 1994: Interior Minister Maj Gen Nasirullah Babar read
out this list, from the floor of the National Assembly. Gen Durrani
felt betrayed at Gen Babar’s action, as expressed by him in his
affidavit dated 31-10-1997:

“My statement had been typed out on a court paper and I was required to sign it for perusal by the commission. I was told that it had the approval of the Chief Executive (the Prime Minister) and that the matter would be handled confidentially. I signed the prepared statement which was given to me by Mr. Rehman Malik, Director FIA on 20th July 1994. I do not know under what circumstances the then Interior Minister made the statement in the National Assembly. I was unaware about his intentions that were best known to him.”

4. Gen Durrani was thus trapped, as an accomplice into the Game Plan, to Put Gen Beg on the Mat and the opposition to the wall. Then onwards he took a U-turn in his subsequent affidavits dated 24/7/1994 and 31/10/1997, saying that “he had been instructed by Gen Beg to provide logistics support for disbursement of funds to politicians and political parties.” Whereas in his confessional letter, he had admitted that the operation was in the knowledge of Army High Command.

5. In 2012, the Hon’ble Court had access to such evidence, which were all unfounded and unsubstantiated. Not one witness was cross-examined. The Presidential Notification of 1975, which was produced by the Attorney General in 1997, before Hon’ble Chief Justice Saeed-uz- Zaman Siddiqui, was also missing from the proceedings, enabling the Hon’ble Court, declare ISI elections logistic support activities, unlawful.

6. The outgoing government could not complete the investigations, therefore the new government that would be elected after 25th July elections, would complete the investigations and take appropriate action as directed by the Hon’able Court.

Posted on Jun 02, 18 | 8:47 am