Agencies flouting their mandate: CJ
ISLAMABAD – Chief Justice Iftikhar Muhammad Chaudhry said
on Wednesday that the intelligence agencies of the country are doing
things that are beyond their mandate.
Hearing Air Marshal (r) Asghar Khan’s petition regarding distribution of funds by the then ISI director general among the politicians in 1990 elections, the chief justice observed that this country belongs to ‘all of us’ and it’s protection is a collective responsibility contrary to the thinking of some people who consider themselves exclusive guardians of the state and think they can run the country according to their wishes.
The chief justice said there should not be any intervention of agencies in political affairs, adding there was a need to set the guideline in this regard. He said: “Everyday we say (to the state functionaries) run the country in accordance with the constitution but when we see the role of agencies we think what is (this) happening.”
The chief justice asked Salman Akram Raja, counsel for Asghar Khan, to file a petition regarding the distribution of money by IB to topple the Punjab government in 2009 as reported in an English language daily. The CJP inquired whether a civilian force too indulges in such practices. Raja said the case was tip of the iceberg and for the last 65 years the nation is facing this flouting of mandate by different state institutions. The court issued notice to the newspaper, publisher and the reporter, who filed story on IB distributing funds among the politicians.
Attorney General Maulvi Anwarul Haq informed the court that he had examined the statements of Gen (r) Naseerullah Babar and Gen (r) Asad Durrani, which they had given in-camera at SC registrar office during the hearing of the same case in 1999. The AG stated he has no objection if the statements of Mr Durrani and Mr Babar are declassified as all the relevant facts in the documents are in public domain. The court said that a written order to make the report public will be passed during the next hearing.
However, the court expressed discontentment with the attorney general for not producing the former inquiry commission reports regarding Mehran Bank and Habib Bank. The AG sought time, saying the law secretary did not have the reports while the secretary interior was out of the country. On his arrival he would check from him. Responding to which, the Supreme Court sarcastically remarked whether the interior secretary carries the reports in his pockets.
Salman Akram Raja said that it was the federal government’s responsibility to procure these documents as Interior Minister Rehman Malik had stated two days ago that he has lot of documents regarding the case and if the Supreme Court would summon him he would furnish the documents in the court. The chief justice sought clarity from Gen (r) Durrani regarding his statement wherein he had said he distributed the amount on his own behalf and not on behalf of the ISI. The CJP said at that time you were holding the charge of two agencies MI and ISI. Durrani replied he was not MI DG then. The CJ wondered that how could Durrani deny the involvement of the ISI given the fact that he was holding office at the time when the money was being distributed. Durrani told the court that there were elements outside the ISI who were appointed for the task of distributing money. He added that he involved some officer from ISI but not the ISI as an institution. The chief justice remarked: “At that time you and Gen (r) Beg were sitting general, therefore, now the burden is on both of you regarding the case”.
Yunus Habib submitted an affidavit in response to the rejoinders of General (r) Aslam Beg and Lt-Gen (r) Asad Durrani. He submitted that with all sincerity, honesty and in order to bring the truth on record he filed an affidavit on March 8, 2012, and there is no question of scandalising the highest court of the country.
“I have no interest in dramatising this case and just wanted to speak truth before this honourable court (before death) to enable and empowered the Supreme Court to reach at correct conclusion.” He stated since Air Marshal (r) Asghar Khan filed the petition he never met any political figure till he deposited affidavit on March 8. “Only General Mirza Aslam Beg spoke to me in the last two years only 4 to 5 times.”
“I have no interest in the politics of the country and can never think of maligning any person and obstruct the course of justice. The photo submitted by me in the affidavit is the proof that the former President Ghulam Ishaq Khan and Gen (r) Aslam Beg pampered me to the extent that I could not refuse to their orders.”
“I took out Rs1,480 million from Habib Bank Ltd and not Rs1,800 as stated by General (r) Aslam Beg.” He stated as Asghar Khan petition pertains to use of money in the 1990 election to block the victory of PPP government therefore he restricted his disclosure of fact confined to Habib Bank Ltd and did not touch the issue of Mehran Bank except of Rs150 million that were paid to late Jam Sadiq for licence. “I am ready to file the affidavit in case of Mehran Bank if a case is filed or the Supreme Court itself orders me to submit the affidavit in this respect.”
“It is correct that I paid more than Rs3 billion. I actually have so far paid Rs345 crores to the Habib Bank Ltd and only Rs115 crores is to be paid to HBL, and this amount can be easily paid by selling a plot of 32 acres situated at Gulshan-e-Iqbal Karachi.” He stated that in his March 8 affidavit he submitted that Brig Hamid Saeed and Col Akbar were ‘introduced to me as ISI officers’. However, after the affidavit of Lt-Gen (r) Durrani ‘I pray the court to delete the word of ISI’ from my previous affidavit.
The chief justice asked Yunus Habib and Lt-Gen Asad Durrani to engage counsels as under Article 10A the court would like to give them fair opportunity. The chief justice ordered Yunus Habib to avoid giving interview to TV channels. The attorney general was directed to get the verification and attestation of Yunus Habib. The hearing was adjourned until March 30.
Hearing Air Marshal (r) Asghar Khan’s petition regarding distribution of funds by the then ISI director general among the politicians in 1990 elections, the chief justice observed that this country belongs to ‘all of us’ and it’s protection is a collective responsibility contrary to the thinking of some people who consider themselves exclusive guardians of the state and think they can run the country according to their wishes.
The chief justice said there should not be any intervention of agencies in political affairs, adding there was a need to set the guideline in this regard. He said: “Everyday we say (to the state functionaries) run the country in accordance with the constitution but when we see the role of agencies we think what is (this) happening.”
The chief justice asked Salman Akram Raja, counsel for Asghar Khan, to file a petition regarding the distribution of money by IB to topple the Punjab government in 2009 as reported in an English language daily. The CJP inquired whether a civilian force too indulges in such practices. Raja said the case was tip of the iceberg and for the last 65 years the nation is facing this flouting of mandate by different state institutions. The court issued notice to the newspaper, publisher and the reporter, who filed story on IB distributing funds among the politicians.
Attorney General Maulvi Anwarul Haq informed the court that he had examined the statements of Gen (r) Naseerullah Babar and Gen (r) Asad Durrani, which they had given in-camera at SC registrar office during the hearing of the same case in 1999. The AG stated he has no objection if the statements of Mr Durrani and Mr Babar are declassified as all the relevant facts in the documents are in public domain. The court said that a written order to make the report public will be passed during the next hearing.
However, the court expressed discontentment with the attorney general for not producing the former inquiry commission reports regarding Mehran Bank and Habib Bank. The AG sought time, saying the law secretary did not have the reports while the secretary interior was out of the country. On his arrival he would check from him. Responding to which, the Supreme Court sarcastically remarked whether the interior secretary carries the reports in his pockets.
Salman Akram Raja said that it was the federal government’s responsibility to procure these documents as Interior Minister Rehman Malik had stated two days ago that he has lot of documents regarding the case and if the Supreme Court would summon him he would furnish the documents in the court. The chief justice sought clarity from Gen (r) Durrani regarding his statement wherein he had said he distributed the amount on his own behalf and not on behalf of the ISI. The CJP said at that time you were holding the charge of two agencies MI and ISI. Durrani replied he was not MI DG then. The CJ wondered that how could Durrani deny the involvement of the ISI given the fact that he was holding office at the time when the money was being distributed. Durrani told the court that there were elements outside the ISI who were appointed for the task of distributing money. He added that he involved some officer from ISI but not the ISI as an institution. The chief justice remarked: “At that time you and Gen (r) Beg were sitting general, therefore, now the burden is on both of you regarding the case”.
Yunus Habib submitted an affidavit in response to the rejoinders of General (r) Aslam Beg and Lt-Gen (r) Asad Durrani. He submitted that with all sincerity, honesty and in order to bring the truth on record he filed an affidavit on March 8, 2012, and there is no question of scandalising the highest court of the country.
“I have no interest in dramatising this case and just wanted to speak truth before this honourable court (before death) to enable and empowered the Supreme Court to reach at correct conclusion.” He stated since Air Marshal (r) Asghar Khan filed the petition he never met any political figure till he deposited affidavit on March 8. “Only General Mirza Aslam Beg spoke to me in the last two years only 4 to 5 times.”
“I have no interest in the politics of the country and can never think of maligning any person and obstruct the course of justice. The photo submitted by me in the affidavit is the proof that the former President Ghulam Ishaq Khan and Gen (r) Aslam Beg pampered me to the extent that I could not refuse to their orders.”
“I took out Rs1,480 million from Habib Bank Ltd and not Rs1,800 as stated by General (r) Aslam Beg.” He stated as Asghar Khan petition pertains to use of money in the 1990 election to block the victory of PPP government therefore he restricted his disclosure of fact confined to Habib Bank Ltd and did not touch the issue of Mehran Bank except of Rs150 million that were paid to late Jam Sadiq for licence. “I am ready to file the affidavit in case of Mehran Bank if a case is filed or the Supreme Court itself orders me to submit the affidavit in this respect.”
“It is correct that I paid more than Rs3 billion. I actually have so far paid Rs345 crores to the Habib Bank Ltd and only Rs115 crores is to be paid to HBL, and this amount can be easily paid by selling a plot of 32 acres situated at Gulshan-e-Iqbal Karachi.” He stated that in his March 8 affidavit he submitted that Brig Hamid Saeed and Col Akbar were ‘introduced to me as ISI officers’. However, after the affidavit of Lt-Gen (r) Durrani ‘I pray the court to delete the word of ISI’ from my previous affidavit.
The chief justice asked Yunus Habib and Lt-Gen Asad Durrani to engage counsels as under Article 10A the court would like to give them fair opportunity. The chief justice ordered Yunus Habib to avoid giving interview to TV channels. The attorney general was directed to get the verification and attestation of Yunus Habib. The hearing was adjourned until March 30.
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