The Supreme Court issued notices to the legal heirs of Air Marshal (retd) Asghar Khan, to apprise the Court of possible next steps regarding the case. A two-member bench headed by Chief Justice Mian Saqib Nisar on Monday (31st December) had heard the case. Air Marshal Asghar Khan (retd) on the basis of Maj Gen Naseer Ullah Babar, the then interior minister, had filed a petition in the apex court in July 1996 pertaining to the distribution of Rs 140 million ahead of the 1990 general election.
The court in its three-page written order said that the proceedings are in a way for implementation and execution of the judgement; however, the finding of the FIA report in this regard is clear. The instant proceedings were initiated on the request of Air Marshal Muhammad Asghar Khan (retd) and concluded vide judgement dated 19-10-2012. The matter remained dormant for a long time when it was resurrected in order to reach a logical conclusion.
The court referred that matter to the FIA to the extent of the civilians involved in the matter as has been directed by this court in its judgement while the retired officers of the armed forces were to be probed and necessary action was to be taken by such armed forces.
The FIA report told the court that various proceedings conducted by the Agency to find out whether the allegation that certain amounts of money were paid to political leaders by ISI stands established and to collect evidence and material in this regard through investigation.
The report maintained that it is settled rule of jurisprudence that in the absence of corroboratory evidence, conviction cannot be based on hearsay evidence. Persons seemingly acquainted with facts and circumstances of subject case could not even provide the leads that may have helped the FIA in collection of sufficient evidence.
The accurate amount given to politicians is not visible, even the concerned banks did not provide the requisite record appropriately at this belated stage i.e. after 24 years.
The General headquarters (GHQ), which is conducting its own probe, is yet to inform the FIA. Hence, no legally acceptable evidence is available with FIA on the basis of which criminal cases may be initiated against alleged politicians. "The case merits closure," said the report. The case will be taken up on Monday.