SC resumes Mehrangate hearing

ISLAMABAD: The Supreme Court (SC) resumed today the hearing of Mehrangate scandal, Geo News reported.

Justice Khilji Arif Hussain said to former chief of Inter Services Intelligence (ISI) Lt. Gen. retired Asad Durrani said you have to decide so you better hire a lawyer.

Asad Durrani on March 09 testified before the SC that he received instructions from the then chief of army staff Mirza Aslam Baig to make arrangements for disbursement of Rs140 million among the candidates contesting 1990 general elections to manipulate the results.

Appearing before a three-Judge bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez, on a 1996 pending plea of retired air marshal Asghar Khan, he recorded his statement.

He said "I received instruction from the COAS, Gen. Mirza Aslam Beg, that a certain business community in Karachi had raised some contribution to support the election campaign of the IJI and if I could arrange it to be distributed as per the formulas that would be conveyed to me by the election cell in the President's office."

He said that it was his belief that former army chief was under the instructions from late president Ghulam Ishaq Khan.

However, denying existence of any political cell in ISI, he said the political work could be carried out by those who had been assigned the task.

He said that he did not know about Mehran scam but could say that amount had to be spent on elections.

Durrani also expressed his ignorance about the community which raised the donation.

The Chief Justice asked Salman Akram Raja, counsel for the petitioner, to assist the court as to how they could move in the case.

Upon bench's instructions, he sought some time to consult Asghar Khan and after a short while, recorded the statement on behalf of his client, seeking direction for a declaration.

He said "All persons, including Defence/Army Officers, who are respondents, who acted so as to interfere with and maneuver the electoral process in any manner, including through disbursement of funds subverted the Constitution.

"No member of the armed forces is obliged to obey a command in violation of his oath of his office and cannot take the defence of `command of the superior," he said, adding, Receiving secret funds and non-disclosure constituted serious electoral fraud with consequences under the election laws.

He also sought a direction for the Federation to initiate appropriate proceedings under criminal and election laws against the alleged givers and recipients of funds for political purposes.

The bench also expressed its displeasure with a statement submitted by Mirza Aslam Baig, former army chief, and rapped the counsel for using contemptuous language for the courts.

The Chief Justice in bitter tone told Akram Shaikh, counsel for Aslam Baig,"Ask the general why such language is used for Courts! Tender apology otherwise, we will take him to task. Has he come here to play golf."

Justice Khilji Arif Hussain remarked that there was a psyche to hold people inferior and termed them as 'bloody civilians'.

"Today, March 9, is a day reminding us of a historic event in judicial history and we will not allow anyone to dishonour judiciary," he added.

Mirza Aslam Baig present in the Court tendered a hand written apology and sought permission for deleting para 14 of his counter affidavit.

In the para, former army chief thanked the apex Court for making him complete his 'Hattrick' and in the last line, he said "And yet, I wonder: "Jane kis jurm ki paye hay saza yad naheen.(Why I am being punished, I know not)."

After submission of his apology, the bench granted permission to delete the objected lines.

The Chief Justice observed that both parties were responsible for distribution of money.
Justice Khilji Arif Hussain lamented by saying "Our character had degraded to such a low level that we have to offer justifications for our wrong doings."

Salman Akram Raja, counsel for petitioner, contended that there was enough evidence on record for the Court to proceed further and referred to a press statement of Aslam Baig in 1991, in which he stated that Younus Habib had donated Rs140 million.

To bench's query, he replied that like Memo Commission which was tasked to unearth evidences, the same pattern could be adopted in this case as well.

He apprised the bench that it had to give a decision for the whole nation and proceed against those responsible in accordance with the law.

Akram Shaikh, counsel for Aslam Baig, contended that the case was based upon absolutely disputed facts and he felt no hesitation on behalf of his client that existence of political cell in ISI was unwarranted and interference into fundamental rights of people of Pakistan under Article 17 and prayed to Court to declare that no such political cell be allowed to continue in the security agencies.

He said the Court should not neglect the fact that petitioner was a head of a political party and now joined another one.

The bench adjourned hearing of the case for March 14 after directing the Attorney General for Pakistan Molvi Anwarul Haq to inquire from the government as to whether Commission reports regarding Mehran Bank and Habib Bank had been made public and if not so then reasons should be assigned and the said reports should be made available for bench's perusal in camera.

The Chief Justice verbally told Comdr. Muhammad Hussain Shahbaz, Director (Legal), representing Ministry of Defence, to apprise them on March 14 about the existence of political wing in ISI.

The bench is seized of hearing of a 1996 pending petition moved by Air Marshal (retd) Asghar Khan in which he alleged disbursement of money among the anti-PPP politicians by former Army Chief General Aslam Baig, Ex-Director General ISI Lt. Gen. Asad Durrani and former Mehran Bank chief Younis Habib to disrupt the general elections results of 1990.