ISLAMABAD – It was first time in the country’s history that the apex court delivered a landmark judgement last year in October against the army generals on Asghar Khan petition.
Three month have passed but the federal government took no action against the persons mentioned in the verdict.
The apex court judgement announced on October 19, 2012 clearly stated; “Former President of Pakistan late Ghulam Ishaq Khan, ex-COAS General (retd) Aslam Baig, and ex-DG ISI General (retd) Asad Durrani acted in violation of the Constitution by facilitating a group of politicians and political parties. The acts of Aslam Baig and Asad Durrani have brought a bad name to Pakistan and its Armed Forces as well as secret agencies in the eyes of the nation, and directed the federal government to take necessary steps against them under the Constitution and law, though they have retired from the service.”
The legal experts opinion is that the Supreme Court must proceed in the same manner as it had did in cases of National Reconciliation Ordinance, Rental Power Projects and appointment of Tauqir Sadiq as chairman Ogra where the benches were constituted for the implementation of judgements.
If this could happen in those cases then why the apex court could form bench for the compliance of Asghar Khan petition other it would be a useless exercise that a judgement passed after 16 years go without implementation.
The sources have confided to TheNation that the government has not yet asked the FIA to initiate the proceeding against two former army generals.
A high official of the Federal Investigating Agency told that the apex court, in the judgment, had directed the federation to proceed against the former Army Chief and ex-Director General of ISI, while the FIA was ordered to take action against those politicians, who had taken money from the intelligence agencies during the 1990 elections.
Salman Akram Raja, counsel for Asghar Khan, says that they are examining the situation and may in a few days file the contempt petition against the federation for not implementing the judgment. Aslam Beg’s lawyers said that they have filed the review petition in the apex court on November 21, 2012. General (retd) Aslam Beg in his petition contended that the findings and observations made against him by the Court are incorrect and his fundamental right to a fair trial as enshrined in Article 10A of the Constitution and right to due process of law has been infringed.
The Registrar officer had returned former Army Chief Mirza Aslam Beg’s review petition with objection on the second day (November 22, 2012) that number of actual parties of the case have been increased and Barrister Ali Zafar instead of the actual counsel Akram Sheikh Advocate filed the review petition. The court also objected over the quality of the contents of the review petition saying the petitioner has not singed on the annexed affidavit.
Aslam Beg has filed the petition under Article 188 of the Constitution on November 21, praying for expunging the observations and remarks given in the judgment against him regarding his involvement in the matter of furnishing and distributing funds to manipulate 1990 general election or taking instructions from the then President or giving instructions to the then DG ISI.
Barriester Ali Zafar told The Nation that they after removing the objections had filed review petition and could be taken up end of this month. He also said that the federation had also filed the review petition against Asghar Khan judgment.
The federation petition is to the extent of President role in the politics.
The 141 detailed judgement maintained that President of Pakistan after entering into the office falls under the definition of a person who is in the “Service of Pakistan”, the Supreme Court noted this in the detailed judgment in Asghar Khan case.
The court noted that 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.