Pakistan’s top court seeks report on political cells in intelligence agencies

Pakistan's Supreme Court (SC) directed the Ministry of Defense on Tuesday to submit a comprehensive report on dismantling political cells within intelligence agencies, as mandated by the 2012 Asghar Khan case verdict.

The court also instructed the Federal Investigation Agency (FIA) to provide proof of compliance with the landmark ruling.

During the hearing, the Additional Attorney General confirmed that political cells within intelligence agencies had been dismantled following the Supreme Court’s decision.

However, Justice Musarrat Hilali remarked, “This implies political cells existed within intelligence agencies.” Advocate Salman Akram Raja reinforced this, stating, “It is an acknowledged fact that such cells were operational.”

Raja further questioned whether actions were taken against individuals implicated in the alleged electoral manipulation of the 1990 general elections.

He named former army chief General Mirza Aslam Beg, former ISI Chief Lieutenant General Asad Durrani, and banker Younis Habib as key figures who admitted their involvement.

The Additional Attorney General revealed that the FIA had closed its investigation, citing insufficient evidence on the disbursement of funds to politicians.

This prompted Justice Hasan Azhar Rizvi to inquire whether any of the misappropriated funds had been recovered, noting the involvement of “prominent political figures”.

Justice Jamal Mandokhail raised concerns about intelligence agencies’ constitutional role, urging them to remain apolitical. He asked whether agency heads had submitted affidavits confirming the dismantling of political cells and suggested obtaining such statements if none existed.

The court adjourned the hearing, ordering the Ministry of Defense to file a detailed report and the FIA to clarify its stance on the implementation of the verdict.

What is the Asghar Khan case

The Asghar Khan case was a pivotal legal battle initiated in 1996 by retired Air Marshal Asghar Khan. The case alleged that intelligence agencies, under orders from top military and political leaders, distributed funds to manipulate the outcome of the 1990 general elections.

The case, initiated by retired Air Marshal Asghar Khan in 1996, accused members of the military and the intelligence agency, ISI, of distributing funds to influence the outcome of the 1990 general elections.

The funds were reportedly distributed among members of the Islami Jamhoori Ittehad (IJI), a political alliance created to counter the Pakistan Peoples Party (PPP) led by Benazir Bhutto. This operation was allegedly supervised by then-army chief General Mirza Aslam Beg and ISI chief Lieutenant General Asad Durrani, under the orders of then-President Ghulam Ishaq Khan.

General Durrani submitted an affidavit confirming the distribution of funds to political figures. The funds were said to have been provided by Younis Habib, the chief of Mehran Bank, in what became known as the Mehran Bank scandal.

In 2012, the Supreme Court declared the elections were rigged and found General (retd) Beg and General (retd) Durrani guilty of exceeding their constitutional authority.

The court directed the government to take action against those involved, including criminal proceedings.