Federal Investigation Agency (FIA) on Monday once again recommended closure of Asghar Khan case for lack of evidence, which the Supreme Court rejected and sought report in four weeks. A three-judge bench headed by Justice Azmat Saeed Sheikh was hearing a case on the implementation of its verdict in the Asghar Khan case which involves distribution of Rs 140 million among politicians, allegedly by Inter-Services Intelligence (ISI), ahead of the 1990 general election.
The FIA, in the report submitted on Monday, said that it could not find enough evidence to take the case forward. The FIA authorities said they are unable to proceed with the implementation of the apex court verdict due to lack of substantial evidence.
The report said that the statements of all important available witnesses have been recorded. The FIA said it has also interviewed two journalists - Mujeebur Rehman Shami and Habib Ikram - and interrogated the main witness Brig Hamid Saeed(retd) and Advocate Yousaf Memon, but to no avail.
The Defence Ministry also submitted a report on progress in implementation of the Asghar Khan case verdict, saying that it had constituted a court of inquiry, which recorded the statements of six witnesses. According to the report, the ministry is looking for more witnesses.
The Defence Ministry report said that a court of inquiry has examined all proof and civilians associated with the case. It added that efforts are being made to bring the matter to its logical end as per the rules and regulations.
Justice Saeed termed the FIA report incomplete, saying it contains only the summary of witnesses and it should have contained the statements of the witnesses. He directed the FIA to present the statements of the witnesses in sealed envelopes, adding the court will make their statements public if needed.
Deputy Attorney General Khurram Saeed told the bench that those accused of getting money are not accepting they had been given money.
On this Justice Saeed said, "We are not going to accept this plea to shut the case that the people who had received money are not accepting that they had been given money, as every accused before National Accountability Bureau (NAB) rejects the allegations against him."
He categorically said that it is the decision of the apex court and it will ensure its implementation as it is no way acceptable that the accused are not ready to accept that they had received money.
In its judgement delivered in 2012, the apex court had asked the federal government to take necessary action under the law against former Army Chief Gen Mirza Aslam Beg (retd) and former Director General ISI Lt Gen Asad Durrani (retd) for their role in facilitating a group of politicians and political parties to ensure their success against rival candidates in the 1990 general elections by dishing out Rs 140 million.
In the last hearing of the case on April 2, the court had ordered FIA to come up with a report highlighting banks showing reluctance to offer information about those who allegedly received money in the scam.
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