SC says former Army chief, DG ISI, president rigged 1990 elections – The Express Tribune

SC says former Army chief, DG ISI, president rigged 1990 elections – The Express Tribune:

Orders FIA to handle inquiry against all involved. PHOTO: AFP/FILE

ISLAMABAD: Announcing the short order of a 16-year-old case, Chief Justice Iftikhar Muhammad Chaudhry said the then Army chief, president and DG ISI were involved in rigging the elections of 1990 and ordered for an inquiry by the FIA against all those involved, Express News reported on Friday.

The court said that corrupt practices took place in the 1990 elections and the Asghar Khan petition was now admissible for regular hearing as it is a crucial matter of national importance.

The short order stated that a political cell was formed in the President House in 1990 and former DG ISI Assad Durrani, Army Chief Aslam Beg and president Ghulam Ishaq Khan were involved in the rigging of the elections.

The court said that the elections were influenced monetarily.

Ordering the FIA to initiate a transparent inquiry against those involved according to criminal law, the short order said that the FIA and Army can assist the civilian government but cannot interfere in it.

The court also ordered for immediate termination of any poltical or election cell operational within the Presidency at the moment.

The Mehrangate scandal emerged after the Supreme Court began the hearing of air marshal Asghar Khan’s petition in which he stated that the Inter-Services Intelligence (ISI) rigged the 1990 elections by handing out money to several politicians.

During the hearing of the case, harsh words were exchanged between Attorney General Irfan Qadir and the three-member bench of the court.

Qadir said that the Supreme Court cannot regulate the presidential office but that was what seemed to be happening here.

Expressing displeasure over Justice Jawwad S Khawaja’s statement earlier that Pakistan Peoples Party (PPP) had not done anything in four years, the attorney general said that the court should not blame the government for this. Instead, he said, the court should tell the people why the case has been pending for 16 years.

Further criticising the court, Qadir said that the judiciary had even given permission for military intervention, to which Chief Justice Iftikhar Muhammad Chaudhry remarked that he should present arguments according to his duty.

Ministry of Defence representatives were also present in the court. They told the bench that letters had been written to the Military Intelligence (MI) and Inter-Services Intelligence (ISI) with regards to the Rs80 million that were allegedly kept away.

The Supreme Court then reserved its judgement on the case and said that the short order would be announced at 12:30pm.

Earlier, former head of the MI Sindh chapter Brigadier Hamid Saeed submitted his statementclaiming that the 1990 operation was initiated by the army and supervised by the MI for “national interest”.

Read the full text of the short order here.

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Asghar Khan case short order: Full text – The Express Tribune

Asghar Khan case short order: Full text – The Express Tribune:

Asghar Khan case short order: Full text

By Web Desk

Published: October 19, 2012

Supreme Court announces short order on 16-year-old petition filed by Air Marshal (Retd) Muhammad Asghar Khan. PHOTO: FILE

IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction)

                        PRESENT

Mr. Justice Iftikhar Muhammad Chaudhry, CJ 

                                Mr. Justice Jawwad S. Khawaja

                                Mr. Justice Khilji Arif Hussain

HUMAN RIGHTS CASE NO.19 OF 1996

[Application by Air Marshal (Retd.) Muhammad Asghar Khan]

Air Marshal (Retd.) Muhammad Asghar Khan           …      PETITIONER

VERSUS

General (Retd.) Mirza Aslam Baig, former Chief of Army Staff & others                                                                                        …      RESPONDENTS

For the petitioner:               Mr. Salman Akram Raja, ASC

Assisted by Malik Ghulam Sabir, Adv.

a/w Air Marshal (R) M. Asghar Khan

For the Federation/:             Mr. Irfan Qadir Attorney General forPakistan

M/o Defence                       Mr. Dil Mohammad Khan Alizai, DAG

Raja Abdul Ghafoor, AOR Assisted by:

Barrister Shehryar Riaz Sheikh, Adv.

Commander Hussain Shahbaz, Director (L)

Wing Comd. M. Irfan, Deputy Director

For Respondent No. 1:         Mr. Muhammad Akram Sheikh, Sr. ASC

Assisted byCh.Hassan Murtaza Mann, Adv.

a/w Gen. Retd. Mirza Aslam Baig

Respondent No. 2:               Lt. Gen. Retd. Asad Durrani, Ex-DG, ISI

In Person

For Respondent No. 3:         Mr. Muhammad Munir Piracha, Sr. ASC

For the Applicant(s):            Sh. Khizar Hayat, Sr. ASC

(CMA No. 918/2007)

Mr. Roedad Khan in person

(CMA No. 3196/2012)

Raja Abdul Ghafoor, AOR

(in CMA 3410/12)

On Court’s notice:               

For President Secretariat:     Malik Asif Hayat, Secretary to the President

Mr. Arshad Ali Chaudhry, Director Legal

For SBP:                                 Raja Abdul Ghafoor, AOR

For NAB:                                Mr. Mazhar Ali Chaudhry, DPG

Brig. (R) Hamid Saeed, in person

For HBL:                            Nemo

Date of Hearing:                 19.10.2012.

… 

                                     O R D E R

IFTIKHAR MUHAMMAD CHAUDHRY, CJ.– The Constitution of the Islamic Republic of Pakistan commands that it is the will of the people of Pakistan to establish an order wherein the State shall exercise its powers and authority through the chosen representatives of the people, wherein the principles of democracy, freedom, equality, etc., shall be fully observed, so that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the world, and make their full contribution towards international peace and progress and happiness of humanity. People ofPakistan had been struggling to establish a parliamentary and democratic order since long within the framework of the Constitution and now they foresee a strong system which is established by the passage of time without any threat and which is subject to the constitution and rule of law.

2.             The essence of this Human Rights case is based on the fundamental right of citizens enshrined in Article 17 of the Constitution. It raises an important question of public importance to enforce the fundamental rights, inter alia, noted herein above, therefore, in accordance with the provisions of Article 184(3) of the Constitution, jurisdiction has been assumed and exercised to declare, for the reasons to be recorded later, as under:-

(1)        That citizens of Pakistan as a matter of right are free to elect their representatives in an election process being conducted honestly, justly, fairly and in accordance with law.

(2)        The general election held in the year 1990 was subjected to corruption and corrupt practices as in view of the overwhelming material produced by the parties during hearing it has been established that an “Election Cell” had been created in the Presidency, which was functioning to provide financial assistance to the favoured candidates, or a group of political parties to achieve desired result by polluting election process and to deprive the people of Pakistan from being represented by their chosen representatives.

(3)        A President of Pakistan, in Parliamentary system of government, being head of the State represents the unity of the Republic under Article 41 of the Constitution. And as per the oath of his office in all circumstances, he will do right to all manner of people, according to law, without fear or favour, affection or ill-will. Thus, holder of office of President of Pakistan, violates the Constitution, if he fails to treat all manner of people equally and without favouring any set, according to law, and as such, creates/provides an occasion which may lead to an action against him under the Constitution and the Law.

(4)        The President of Pakistan, Chief of Army Staff, DG ISI or their subordinates certainly are not  supposed to create an Election Cell or to support a political party/ group of political parties, because if they do so, the citizens would fail to elect their representatives in an honest, fair and free process of election, and their actions would negate the constitutional mandate on the subject.

(5)        However, in the instant case it has been established that in the general elections of 1990 an Election Cell was established in the Presidency to influence the elections and was aided by General (R) Mirza Aslam Baig who was the Chief of Army Staff and by General (R) Asad Durrani, the then Director General ISI and they participated in the unlawful activities of the Election Cell in violation of the responsibilities of the Army and ISI as institutions which is an act of individuals but not of institutions represented by them respectively, noted herein above.

(6)        ISI or MI may perform their duties as per the laws to safeguard the borders of Pakistan or to provide civil aid to the Federal Government, but such organizations have no role to play in the political activities/politics, for formulation or destabilization of political Governments, nor can they facilitate or show favour to a political party or group of political parties or politicians individually, in any manner, which may lead in his or their success.

(7)        It has also been established that late Ghulam Ishaq Khan, the then President of Pakistan with the support of General (R) Aslam Baig, General (R) Asad Durrani and others, who were serving in M.I and now either have passed away or have retired, were supporting the functioning of the ‘Election Cell’, established illegally.

(8)        Mr. M. Younas A. Habib, the then Chief Executive of Habib Bank Ltd. at the direction and behest of above noted functionaries, arranged/provided Rs.140 million belonging to public exchequer, out of which an amount of Rs.60 million was distributed to politicians, whose incomplete details have been furnished by General (R) Asad Durrani, however, without a thorough probe no adverse order can be passed against them in these proceedings.

(9)        The Armed Forces of Pakistan, under the directions of Federal Government, defend Pakistan against external aggression or threat of war and, subject to law, are to act in aid of civil power when called upon to do so under Article 245 of the Constitution, thus, any extra-constitutional act, calls for action in accordance with the Constitution of Pakistan and the law against the officers/officials of Armed Forces without any discrimination.

(10)     The Armed Forces have always sacrificed their lives for the country to defend any external or internal aggression for which it being an institution is deeply respected by the nation.

(11)     The Armed Forces, in discharge of their functions, seek intelligence and support from ISI, MI, etc., and on account of security threats to the country on its frontiers or to control internal situations in aid of civil power when called upon to do so. However, ISI, MI or any other Agency like IB have no role to play in the political affairs of the country such as formation or destabilization of government, or interfere in the holding of honest, free and fair elections by Election Commission of Pakistan. Involvement of the officers/members of secret agencies i.e.ISI,MI, IB, etc. in unlawful activities, individually or collectively calls for strict action being, violative of oath of their offices, and if involved, they are liable to be dealt with under the Constitution and the Law.

(12)     Any Election Cell/Political Cell in Presidency or ISI or MI or within their formations shall be abolished immediately and any letter/notification to the extent of creating any such Cell/Department (by any name whatsoever, explained herein, shall stand cancelled forthwith.

(13)     Late Ghulam Ishaq Khan, the then President of Pakistan, General (R) Aslam Baig and General (R) Asad Durrani acted in violation of the Constitution by facilitating a group of politicians and political parties, etc., to ensure their success against the rival candidates in the general election of 1990, for which they secured funds from Mr. Younas Habib. Their acts have brought a bad name toPakistanand its Armed Forces as well as secret agencies in the eyes of the nation, therefore, notwithstanding that they may have retired from service, the Federal Government shall take necessary steps under the Constitution and Law against them.

(14)     Similarly, legal proceedings shall be initiated against the politicians, who allegedly have received donations to spend on election campaigns in the general election of 1990, therefore, transparent investigation on the criminal side shall be initiated by the FIA against all of them and if sufficient evidence is collected, they shall be sent up to face the trial, according to law.

Mr. Younas Habib shall also be dealt with in the same manner.

(15)     Proceedings shall also be launched against the persons specified hereinabove for affecting the recovery of sums received by them with profit thereon by initiating civil proceedings, according to law.

(16)     An amount of Rs.80 million, statedly, has been deposited in Account No. 313 titled Survey and Construction Group Karachi, maintained by MI, therefore, this amount with profit shall be transferred to Habib Bank Ltd. if the liability of HBL has not been adjusted so far, otherwise, the same may be deposited in the treasury account of Government of Pakistan.

Chief Justice

Judge

Judge

Islamabad, the 

19^th October, 2012

Nisar/*

Approved For Reporting

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Pakistan: Why Malala must live - South Asia Citizens Web

Pakistan: Why Malala must live - South Asia Citizens Web:

Pakistan: Why Malala must live

Sunday 14 October 2012

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The News on Sunday
by Adnan Rehmat
When all generations older than her have failed to create a Pakistan that we can believe in and die for, she has single-handedly assumed for herself a responsibility that we absolutely cannot fail her for. And that’s what she really is: Pakistan itself. The real Pakistan, not the moribund state’s version of itself
Let’s, for once, not laze around with our understanding of what is happening in Pakistan, and shun our pet righteous pretensions. Make no mistake about it: a fundamental shift is underway. A Rubicon has been crossed with the first ideological target—shooting of a child in Pakistan — with a cold-blooded intent to kill. While who attacked is not surprising, who has been attacked is a shock to the gut.
The symbolism of what the outrageous attack on Malala Yousafzai represents cannot be overstated. Malala on deathbed is really Pakistan’s soul on a ventilator.
And why is that so? Barely half of us 180m Pakistanis are literate. Even those who are literate are generally a superstitious lot allowing themselves to be hostage to all manner of dodgy dogmas and primal ideologies. A staggering 25 million children are out of school. Barely four out of ten girls have ever been to schools. The Taliban have blown up over 2,000 schools in the last 5 years alone — that’s an astonishing average of 400 every year and more than one school atomised daily.
The state doesn’t consider this a priority, sparing money to re-build these old schools, let alone build new ones to outstrip the pace of those being destroyed. That we have dug in our pockets deeper in the same period to find money to conduct over a dozen nuclear missile tests is telling.
Children defying Taliban
Despite the dark ages the Taliban want imposed on Pakistan, neither the people in the tribal areas nor in Khyber Pakhtunkhwa have stopped sending their children to school. Not boys, not girls. Despite the expected retribution, the people have calculated the risks of illiteracy as greater than the threat to the lives of their children. None of the schools were blown up with children in them.
But seeking out Malala to kill her and to force the people into a state of primal instinct of survival over the necessities of education is a harrowing new twist to the evolution (devolution?) of the Pakistani state. Start killing off children to keep them off schools. Nowhere in the whole wide world is this happening.
Even before she was attacked, Malala was a symbol of Pakistan’s unwept, unsung struggle to stay normal in a milieu that forces a state of exceptionalism on the state in its twisted abnormality. A little girl who goes to school is normal. Parents who in a climate of fear send their daughters to school are normal. It is people who shoot at girls to keep them off schools who are abnormal. The state’s inability to shake off its misplaced notions of exceptionalism (as self-styled ‘citadel of Islam,’ the ‘watchdog of the ummah’s interests’ and a ‘nuclear power’) are at the heart of the country’s problems.
Otherwise why does political Islam — in an Islamic country no less — demand that citizens exist for the state (rather than the other way round) and allow it to assume delusions of grandeur that take it away from its core purpose of people’s welfare and to make the country a member of the comity of normal nations rather than an exclusive club of cowboys?
Going missing in a missing state
After the attack on her, Malala brings into stark relief the battle for Pakistan’s very soul that each of us go through every day but which not many outside the country can make out. It’s not just a story of a girl being prevented from school but whether citizens should decide what the state should look, feel and act like. It’s what ordinary Pakistanis living in extraordinarily humiliating times and conditions think, feel and act daily. It is parents deciding if their girls should be sent to schools. It’s children worrying their father might be killed unnaturally (an interview of Malala shows her accurately understanding the danger to her life and yet being unafraid and determined and only breaking down when asked if her determination will put her father’s life as risk).
It is sisters and daughters and sons and wives fearing their loved one simply going missing in a state that’s itself gone missing.
In Pakistan, elected political leaders are killed (Bhutto, Benazir, Bugti and many others), journalists are gunned down (89 in the last 12 years, one every 30 days over the last 6 years alone), and human rights defenders are murdered. Followers of minority faiths and sects are shot, nationalists are targeted and women activists are hounded. But if a girl who only wants to go to school despite Taliban warnings is target-shot, then one is forced to think if Pakistan exists only on paper. Because while power players may have enemies, why should a middle-class girl whose father merely runs a school have enemies? After all don’t we know the enemy? Haven’t the Taliban managed to dictate nuclear Pakistan’s national security, economic and foreign policies for at least 10 years that have brought 40,000 deaths to thousands of homes across Pakistan? Why has the state not managed to wipe them out with its ‘glorious’ might? Is it because the state may actually not be around anymore?
The power of symbolism
Malala is a fictional state. Because if it were a real, normal state, the president or the prime minister would have flown in their awam-paid jets to see her immediately. Don’t they realise this is the turning point, a fundamental shift? Don’t they know that by the state’s leaders not showing up, the state did not even symbolically demonstrate it cannot tolerate the wanton killing of our children for politics and power? The state that does not exist symbolises everything about the real Pakistan that our self-centred media spectacularly fails to see or portray: she embodies the ordinary Pakistan’s refusal to submit to stereotypes. She’s a girl but she’s not cowed. She’s a child but she’s mature than most of us. She lives in a conservative region but pursues a progressive future. She chooses to live in a Taliban-infested region when like many of us she can be safely ensconced in laid-back Lahore or lolling Islamabad.
She wants to become a politician to work for people when even the optimists among us are fast losing hope in democratic institutions. But most of all, she bubbles with energy when most of us have allowed ourselves to fizzle out. She believes in the future when most of us cynics think it is merely a fairy tale.
Defeating fear
Malala is not “merely a child” like Qazi Hussain Ahmed dismissively thinks. Or a “bechari larki” like Munawar Hasan condescendingly considers. Or just “honahaar” like Nawaz Sharif makes her out to be, or even a “masoom bachi” that Pervaiz Ashraf paints her as. She is a symbol of something much bigger that not even all of these politicians put together represent. Being without security, she is that powerful symbol of resistance against a ruthless enemy that everyone trembles to name: the Taliban.
None of the above leaders used the word “Taliban” when condemning the attack on Malala despite the terrorist outfit claiming responsibility for considering schoolgirls as legitimate target for the glory of political Islam and as legitimate enemies in their twisted scheme of things. And yet Malala has probably used the word Taliban more times than the politicians have used the word Pakistan. Talk about who lives in the real world and who dwells in fantasyland.
Courage, they say, is not the absence of fear, but the triumph over it. That’s Malala Yousafzai for us. It takes courage to grow up and become who you really are. That’s again Malala for us. The brave one is not who does not feel afraid, but who conquers that fear. That’s who Malala is and that’s why Pakistanis are breaking the shackles of all types of stereotypes to salute her for it, and embracing her infectious courage to overcome their own fears. She gives voice to the silent struggle of ordinary Pakistanis who have been quieted and drugged by the state-tolerated doctrines of religious extremism, terrorism and militant fundamentalism.
A bond in blood
In a deeply divided country all this makes Malala as one of the most precious treasures we have: a symbol of unity, hope and forward movement. As a child she is automatically a symbol of tomorrow but an aware, clear-headed, determined child she is a hero for all generations old and new. When all generations older than her — including yours and mine — have failed to create a Pakistan that we can believe in and die for, Malala has single-handedly assumed for herself a responsibility that we absolutely cannot fail her for. At her age and in her fraught circumstances if Malala can live in Pakistan believing in its future, how can I pretend my own children have no future here and must leave for a West that doesn’t belong to us?
And that’s what Malala really is: Pakistan itself. The real Pakistan, not the moribund state’s version of itself. A symbol of tomorrow and of hope and progress. And don’t Taliban and their supporters and apologists know it. That’s why we Pakistanis who want our country back can feel the bullet that hit brave Malala in our heads. That’s why we must make sure she lives in peace as she deserves.
Malala is Pakistan’s hero — because she is a survivor, not a victim.That’s why Malala must live.

P.S.

The above article from The News on Sunday is reproduced here for educational and non commercial use.

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Interview with Ghani Khan | Some people spend all their lives trying to be perfect, others are just born Pashtun...

Interview with Ghani Khan | Some people spend all their lives trying to be perfect, others are just born Pashtun...:
(Wonderful story of eldest son of Frontier Gandhi)
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