A statement was submitted on behalf of Amina Asghar Khan, Ali Asghar Khan, Nasreen Ahmed Khattak and Shireen Awan, the wife, son and daughters of the late Asghar Khan, respectively, by Advocate Salman Akram Raja on Thursday. The FIA proposed to the top court to close the Asghar Khan case, as the case is more than 25-year-old and the relevant banks do not have the details of deposits made at the time due to that the Agency is unable to initiate criminal proceedings. Chief Justice Mian Saqib Nisar had issued a notice to the family for their response.
The statement maintained that the FIA's stance is failure on its part to carry out the investigation in accordance with the Supreme Court judgement dated 19.10.2012 and various orders passed by it during the course of hearing in 2018.
It said that more than six years after the final judgement, proceedings against none of the military personnel involved in the matter, including General Aslam Baig (retd) and Lt General Asad Durrani (retd), who had confessed their wrongdoing against the Constitution and law, have been concluded.
Unless the penal consequences in accordance with the law and the Constitution in the light of judgement are not taken against the persons involved both military officers as well as civilians, the recurrence of such violations of the Constitution and commission of corrupt practices shall remain a threat to the democratic process in Pakistan, said the family statement.
It pointed out that apart from General Aslam Baig (retd) and Lt Gen Asad Durrani (retd), the other persons including Lt Col Eqbal Saeed (retd), Col Salman Butt (retd), Brig Amanullah Khan (retd) and Lt Col Amir Akbar Khan (retd) might have been materials and might have been able to provide testimony regarding the matter.
According to the statement; "It is surprising to note that Brig Hamid Saeed Akhtar (retd) has not been mentioned by the FIA as a person capable of providing documentary or oral evidence of relevance to the inquiry."
The fact is that Brig Hamid had appeared before the apex court during the course of hearing, which culminated on 19th October, 2012 judgement. "He had filed a written statement and had also handed over to the court for perusal his personal diary that was maintained by him at the time that disbursements to various individuals and institutions were made by him."
The family regretted that over the last six years no attempt has been made by the FIA to procure documentary or oral evidence from Brig Hamid Saeed or any other army officer, which reflects poorly on the ability and desire of the FIA to carry out its duty in accordance with court's directions.
"Brig Hamid Saeed has not even been named by the FIA as a person of interest for the purpose of conducting inquiry." A vague justification for its failure is provided by the FIA in CMA No. 10948/2018 wherein it is stated that the Ministry of Defence was asked to provide the current whereabouts/contact information of the officers.
On the other hand, the Ministry of Defence did not provide the required information and "informed FIA that action is being initiated against the army personnel involved and justice would be done in accordance with law."
The statement says, "From the foregoing it is clear that no attempt has been made by the FIA to approach for evidence the central figure. Brig Hamid Saeed had confessed before the apex court his personal role in carrying out the unlawful operation regarding disbursement of funds to various politicians and institutions before the general election of 1990. Only a half-hearted attempt has been made to approach the officers."
It says that Supreme Court judgement in the Asghar Khan case throughout held that General Beg and General Durrani had "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 Yunus Habib. Their acts have brought a bad name to Pakistan and its Armed Forces as well as secret agencies in the eyes of the nation. Notwithstanding they may have retired from service, the federal government shall take necessary steps under the Constitution and Law against them."
The statement says when the apex court again took up this matter regarding the implementation of its judgement, the Attorney General on 02-06-2018 had informed the court that the cabinet had decided to refer the cases of military personnel, involved in disbarment of funds, to the military authorities for an appropriate action.
The Ministry of Defence on 25-09-2018 apprised the court that the cases against the military officers involved in the matter had been sent to the military court, while the director general FIA also submitted that he was in possession of certain sensitive material and sought permission to brief the bench in-camera.
The matter is of immense concern to the family of the late Air Marshal Asghar Khan (retd) that the sixteen years long struggle from 1996 to 2012 which resulted in the historic judgement is now sought to be frustrated by the concerned authorities.