Are you sleeping Chief Justice Chaudhry? Why is Air Marshal Asghar Khan’s case pending before the SC since 1996?

Govt not to ask SC to take up Asghar’s case: AG

Tuesday, September 01, 2009 By Sohail Khan ISLAMABAD: Attorney-General Sardar Latif Khosa on Monday said the government would not file an application in the Supreme Court, praying for an early hearing of Air Marshal (retd) Asghar Khan’s case pending before the SC regarding formation of the Islami Jamhoori Ittehad (IJI). The Pakistan People’s Party (PPP) would not ask the apex court for the early hearing of the case filed in 1997 by Asghar Khan against the formation of the IJI by an intelligence agency against the PPP, Latif Khosa told newsmen at the Supreme Court. He said the case was pending in the court and it was up to the court to decide its time of hearing. The attorney-general said the Pakistan People’s Party believed in democracy and would not derail the democratic process in the country. He said a particular group was intentionally trying to raise this old issue, but it would be of no use to reopen it. Air Marshal (retd) Asghar Khan had filed a petition in the Supreme Court in 1997 regarding the formation of the IJI, making Gen (retd) Mirza Aslam Beg, the then chief of the Army staff (COAS), Lt-Gen (retd) Asad Durrani, former ISI director general and others as respondents. The petition is still pending before the apex court. Earlier on June 16, 1996, Air Marshal (retd) Asghar Khan had requested Justice (retd) Sajjad Ali Shah, the then-chief justice of Pakistan, to initiate legal proceedings against Mirza Aslam Beg and Lt-Gen (retd) Asad Durrani for bringing a bad repute to armed forces and had been guilty of undermining the discipline of the armed forces. Asghar Khan had drawn attention of the then-chief justice of Pakistan, Justice Sajjad Ali Shah, to the disclosure by the interior minister in the National Assembly on June 11, 1996, that Gen (retd) Mirza Aslam Beg had drawn Rs 150 million from the Mehran Bank and had distributed the amount to various people prior to the 1990 elections. He disclosed that this had been done through Lt-Gen (retd) Asad Durrani, the director general of the Inter-Services Intelligence Directorate at that time. Asghar Khan had submitted before the then chief justice of Pakistan that the action of Mirza Aslam Beg and Asad Durrani was tantamount to gross misconduct and requested for initiating legal proceedings against both the persons.

Only 'Billa' can tell why

By Zaffar Abbas
Tuesday, 01 Sep, 2009

Brigadier (retd) Imtiaz Ahmed.

ISLAMABAD: Brigadier (retd) Imtiaz Ahmed, or others like him who served in the security services over the past three decades, may alone know the real reason for re-igniting the controversies regarding their role in the making and breaking of political parties, alliances and governments, and of institutionalising corruption in the country’s politics.

It is unclear whether this was his intention but the retired brigadier, known as Imtiaz ‘Billa (the cat)’ in the army circles of yesteryear, has done one great service to this nation.

Through his confessions, which he proudly describes as ‘revelations’, he has revived memories of some of the worst transgressions of the law and violations of norms of decent conduct and human rights by the intelligence agencies. Particularly during the dreaded rule of the dictator Gen Ziaul Haq during the late ’70s and early ’80s.

As these revelations jog one’s memory, one is propelled back in time to the period when Imtiaz Billa’s name had become synonymous with dirty, horrible, tactics in dealing with Zia’s political opponents. During this period, arrests, torture and even death in custody of political opponents dubbed Indian or Soviet agents, had become the order of the day.

As the re-emergence of the debate takes some of us down the memory lane, an unforgettable reference comes to mind when ‘Imtiaz Billa’ came to be known among the communist and other left-wing activists as ‘butcher’.

Tasked by Gen Zia to eliminate anyone or everyone who had even tenuous links with the otherwise tiny communist movement, Billa and his men took upon themselves the task of hunting down those associated with groups viewed as pro-Soviet.

Basking in the glory of having earned the support of the United States because of the Soviet presence in Afghanistan, Gen Zia wanted to pursue his own agenda of Islamisation by neutralising all who may have represented socialist or secular ideals.

Noted journalist Sohail Sangi, one such victim of the security services, recalls that in those days Imtiaz Billa was either posted in Karachi or, as an ISI colonel, was supervising the anti-communist operation in Karachi and elsewhere in Sindh province.

It was during these days in August 1980 that a group of left-wing activists approached a few journalists at the press club in Karachi to seek their help in highlighting the news of death in custody of communist student leader Nazir Abbasi.

Abbasi had died during torture as attempts were made to extract information from eight prominent members of the defunct Communist Party of Pakistan (CPP). The news had come out once his body was handed over to his relatives for burial, but the newspapers were unable to publish the reason for his death because of strict censorship.

As Professor Jamal Naqvi, one of the arrested communist leaders, later mentioned in his testimony during the famous ‘Jam Saqi trial’, it was Nazir Abbasi’s death that saved the rest of the detainees from further torture, as they were soon shifted from a military interrogation cell to a Karachi prison.

Even during the military trial the actual case that the intelligence agency had framed against Jam Saqi and his comrades was not about their involvement in promoting Soviet communism in the country but of working for the Indian intelligence to topple Gen Zia’s military regime.

Prof Naqvi, Jam Saqi and also others like Sohail Sangi, Jabbar Khattak, Kamal Warsi and Shabbir Sher are around to testify to the horrors of that dark period.

Then there were many other cases against nationalist leaders like Rasul Bux Palijo or communist activists like lmdad Chandio and scores of others that were all fabricated so that those charged could be kept away from mainstream politics.

Hijacking case

The ISI’s political cell under Gen Zia had acquired a much bigger role with the hijacking of a PIA plane by the so-called Al Zulfiqar in 1981. This incident gave a new lease of life to Gen Zia, as he used it to his advantage to allow the intelligence to round up thousands of political activists in the country – perhaps the biggest crackdown since the mass arrest of political activists to coincide with Mr Bhutto’s hanging. Also, Brig Imtiaz Billa is once again trying to make a big thing of the so-called conspiracy hatched by Ghulam Mustafa Khar to topple Gen Zia’s regime. At one point, noted lawyer and activist Raza Kazim was also implicated in the case, and so were a number of junior officers.

In this case too they were accused of having links with RAW. None of them ever denied having worked to remove Gen Zia, but for ‘Billa’ and others the easiest thing was to link them to India to justify their military trial.

‘American agent’

Perhaps the most bizarre of such incidents was the arrest of a trade union leader in Karachi, Rafiq Safi Munshi on the charge of being an American agent. A few months ago Imtiaz Billa ‘disclosed’ in a newspaper interview how he trapped an ‘American agent’ who was passing on nuclear secrets in Karachi to his ‘handlers’ at the US consulate.

Many may differ with the Rafiq Safi’s style of politics, but the fact is that he was associated with the PPP, and was a prominent leader of the Karachi Electric Supply Corporation’s (KESC) trade Union, and was not working at Karachi Nuclear Power Plant (Kannup) as the retired brigadier had portrayed. Even otherwise, what has Kannup plant got to do with Pakistan’s nuclear weapons programme?

But in the martial law period the arrest of any opponent of the military junta was justified, and branding them as Indian or Soviet, or in one case, even American, agent kosher.

Special courts

What helped the junta more was a blanket news censorship and holding of trial in summary and special military courts, whose verdicts were often written before the start of the case proceedings.

It will be quite interesting to find out that in many cases the only crime of such left-wing activists, including many professors of Quaid-i-Azam University, was secretly publishing anti-Zia literature.

The role of the military intelligence services in former East Pakistan is often described as the worst as in those days hundreds disappeared and popular opinion was suppressed by arresting and trying Awami League leaders as foreign agents.

But a close study of Gen Zia’s days, and the powers that were given to people like ‘Billa’, or the entire ISI under first Generals Ghulam Jilani and then Akhtar Abdur Rehman and finally Lt-Gen Hameed Gul, may show how blatantly they violated the law and human rights.

Probe commission

Now that Brig (retd) Imtiaz has himself decided to spill the beans, perhaps, as many believe, to defame a few more politicians, there are some quarters who argue that democracy will be served better if the politicians collectively demand a high-powered commission to probe into the role of the intelligence services in the country’s politics, particularly during the days of Gen Ziaul Haq and beyond.

Politicians may or may not have taken money from the ISI or Intelligence Bureau. But if a former ISI chief, Lt-Gen (retd) Asad Durrani, accepts he distributed money among a large number of politicians, and if Lt-Gen (retd) Hamid Gul boasts of forming an anti-Benazir Bhutto opposition alliance, or if Brig (retd) Imtiaz goes on television to accuse Ghulam Mustafa Khar of taking Rs5 million for his election campaign, then there are enough grounds to initiate proceedings against them and others for subverting the democratic process in the country.

Perhaps, the best person to head the commission would be Air Marshal (retd) Asghar Khan, as he is the one who had approached the Supreme Court to expose the role of the ISI in the country’s politics. And if the present Army Chief General Ashfaq Kayani is to be believed about having disbanded ISI’s political wing, it will be fair to assume he will have no objection in a public discussion about the intelligence agencies’ dubious political role in the past. At a time when the military is battling forces of religious extremism and militancy, the irony won’t be lost on the leadership that under a different regime it was their own colleagues who tried to crush those representing more tolerant political thought. (Dawn)

Military reviewing ‘revealing’ statements by former officials

* Officials determining if recent statements, interviews violate Official Secrets Act, 1923
* Lawyers say proceedings must be launched against those guilty

By Sajjad Malik

ISLAMABAD: The military top brass is reviewing a string of statements and interviews by former defence officials to determine whether they are guilty of breaching the Official Secrets Act of 1923, official sources told Daily Times on Wednesday.

“The matter is being considered and reviewed at the appropriate level,” said the defence officials when asked if General Headquarters was considering action against retired defence officials for disclosing information on actions carried out in official capacity.

The sources said all former defence officials were bound to maintain the secrecy of sensitive matters related to the time they held any office. They said any violation could lead to prosecution under the Official Secrets Act.

“They are bound to keep secrets as secrets, and they are not allowed to go around revealing things done while in active service,” said the sources.

Replying to a question, they said only the “organisation” could determine if an official had disclosed any secret information during interviews, writings or announcements.

They said the law applied not only to defence officials, but also to civilian officials. He said all officials were strictly required to maintain the secrecy of whatever they had done in official capacity in the best interest of the state.

Proceedings: Senior lawyer SM Zafar said all such former officials were liable under the Official Secrets Act of 1923. “All of them are liable, but the nature of their crime is like sedition or treason... only the government can proceed against them and prosecute them in a court of law,” he said.

Another senior lawyer, Abid Hassan Manto, said it was not clear if recent statements by former army officers fell in the category of official secrets. “But once it is established that they have violated the law, they all can be punished,” he said.

Fakharuddin G Ibrahim said he was not sure if the recent interviews and pronouncements were a violation of the Official Secrets Act, but what they had said was “self-incriminatory”.

“In my opinion the very fact they have accepted the wrongdoing is self-incriminatory and enough to take them to a court of law,” he said, adding that the army should proceed against them if they had violated any law of the defence forces. (Daily Times)