Asghar Khan case: Ministry of defence given four weeks to file inquiry report

The Ministry of Defence was given four weeks on Monday to file a report regarding investigation against army officers allegedly involved in the distribution of funds among politicians during the 1990 general elections. The apex court on last hearing of case (January 11) had directed secretary Ministry of Defence to file a report regarding the process and proceeding for investigation/ adjudication against the army personnel under the Army Act. Federal Investigation Agency was ordered to submit a reply in response to the application of Asghar Khan's family within one week.
Justice Gulzar Ahmed, heading a three-member bench hearing the implementation of the Supreme Court judgement in Asghar Khan case, said if the judgement is not implemented in letter and spirit then the court will take further action. He inquired whether the concerned authorities have started court martial proceedings against the army officers allegedly involved in distribution of money and why the matter is still being inquired.
AGP Anwar Mansoor Khan informed the bench that court martial proceedings could be started after if the allegations are proved. Upon the court's query, he said court martial proceedings could be initiated against the army officers even after their retirement. Justice Ijaz-ul-Ahsan remarked that Rs 140 million is no small amount.
Justice Gulzar questioned whether Muttahida Quami Movement (MQM) also got money in this case. There is no mention of it in the FIA report, he added. The AGP replied that MQM also received money and it is mentioned in the report. The judge inquired why Altaf Hussain is not here. The AGP said that Altaf Hussain is required in many other cases too and efforts are being made to bring him back to the country.
Justice Ijaz said that FIA wanted to close this case with the plea that due to the passage of time the banks are not providing the material. Justice Gulzar said, "Then we will summon the presidents of banks which are not cooperating."
The FIA on 3rd January informed the apex court that no tangible evidence has been discovered or received to refer the matter for adjudication to the court of competent jurisdiction and, therefore, matter merits to be closed. The top court, therefore, on January 11, 2019 declined the Federal Investigation Agency's (FIA's) plea to close the Asghar Khan case when the family of the late Air Marshal Asghar Khan (retd) opposed the FIA recommendations to close inquiry in the case and sought conclusion of the trial against the military personnel involved in disbursement of funds among politicians in the 1990 elections.
The bench questioned what about the army officers who were the go-betweens. The AGP stated that their names have been mentioned in the FIA report. Justice Gulzar said let the Ministry of Defence report come then they would be examining this aspect too. He said the ministry has sought four weeks for filing reply as they are conducting inquiry and need to collect further evidence. The bench said the FIA report will be examined along with the military's report.
The FIA in its final report in the Asghar Khan case sought the Supreme Court's guidance and help in collecting sufficient evidence related to distribution of money among the politicians to defeat Pakistan People's Party in the 1990 general elections. The report said that since army/intelligence officers were primarily responsible in distribution of money to private persons and politicians, therefore, splitting the investigation into two - army and civil - creates practical difficulties for the FIA during investigation. "Certain bank account details have not been provided, which would complete the money trail required for prosecution purposes," it added. The case was adjourned for four weeks.