Re: 1990 election was rigged: SC
^ I know, anyone who disagrees with your theories is an agent of establishment.
What was the title before?
Re: 1990 election was rigged: SC
1990 election was rigged, rules SC | DAWN.COM
ISLAMABAD: The Supreme Court on Friday ordered legal proceedings against a former head of intelligence and former army chief over allegations that politicians were bankrolled to stop the current ruling Pakistan People’s Party from winning the 1990 election.
It was a landmark ruling from the Supreme Court 16 years after retired air marshal Asghar Khan filed a case, accusing the Inter-Services Intelligence (ISI) agency of doling out money to a group of politicians in the 1990s.
A three-judge bench comprising the chief justice, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain issued the short order after hearing a petition filed in 1996 by Khan requesting the court to look into allegations that the Inter-Services Intelligence had financed many politicians in the 1990 election by dishing out Rs140 million to create the Islami Jamhoori Ittehad (IJI) and stop Benazir Bhutto’s PPP from coming to power. The petition was based on an affidavit of Durrani.
The Supreme Court in its short order ruled that there was ample evidence to suggest that the 1990 election was rigged and that a political cell maintained by the then president Ghulam Ishaq Khan supported the formation of the IJI to stop a victory of the PPP. The ruling said Ghulam Ishaq Khan, Baig and Durrani violated the Constitution.
The Supreme Court ruled that “the general election held in the year 1990 was subjected to corruption and corrupt practices.” Moreover, “it has been established that an “Election Cell” had been created in the Presidency, which was functioning to provide financial assistance to the favoured candidates, or a group of political parties to achieve desired result by polluting election process and to deprive the people of Pakistan from being represented by their chosen representatives.”
“Late Ghulam Ishaq Khan, the then President of Pakistan, General (R) Aslam Baig and General (R) Asad Durrani acted in violation of the Constitution,” said the apex court, adding the federal government should take “necessary steps under the Constitution and Law against them.”
Stating that corruption was carried out in the 1990 election, the ruling said that the president, the army chief and the ISI’s director-general were not authorised to constitute an election cell. It added that the state should implement its authority through the elected representatives of the people.
The election cell “was aided by General (R) Mirza Aslam Baig who was the Chief of Army Staff and by General (R) Asad Durrani, the then Director General ISI and they participated in the unlawful activities of the Election Cell in violation of the responsibilities of the Army and ISI.”
The apex court moreover ruled that political cells of the ISI and the President House should be abolished and ordered the government to take legal action against former retired generals involved in the corruption as well as against Younus Habib, former president of the now defunct Mehran Bank.
The court further ordered that money that was illegally disbursed among the politicians by the then president and the ISI should be recovered and deposited in the Habib Bank along with the accumulated interest on it. Adding to that, the short order said that legal action should also be taken against the politicians who received the money.
The order adds that “legal proceedings shall be initiated against the politicians, who allegedly have received donations to spend on election campaigns in the general election of 1990”, and a “transparent investigation on the criminal side shall be initiated by the FIA against all of them.”
“Mr. M. Younas A. Habib, the then Chief Executive of Habib Bank Ltd…arranged/provided Rs.140 million belonging to public exchequer, out of which an amount of Rs.60 million was distributed to politicians,” added the short order.
The ruling further said that Federal Investigation Agency should investigate into the matter, adding that, if evidence was found against anyone, action should be taken against them.
Moreover, the Supreme Court said that political activism was not the domain of the military and the intelligence agencies. Their job is to cooperate with the government, the judgment said.
Friday’s proceedings
During the hearing, Attorney General Irfan Qadir began presenting his arguments.
Qadir said he was representing the federation and the defence ministry.
Responding to which, Chief Justice Iftikhar directed Qadir to produce the document enabling him to represent the defence ministry.
The attorney general said he would try to assist the court to the best of his abilities “in the short time that was available” to him.
Qadir criticised the judiciary upon which the bench expressed its displeasure.
The attorney general said he had reservations over comments alleged to have been made by Justice Khawaja.
“Justice Khawaja said the Pakistan People’s Party government had failed to perform in the past four years,” Qadir said.
Upon which, Justice Hussain said: “You should not name a particular judge. Those were the remarks of the bench.”
The attorney general requested the bench to exclude the concerned remarks from the record of the case.
Qadir added that judges had taken oaths under the PCO in the past and had also allowed the military to step in, in violation of the Constitution.
The attorney general moreover said that the Asghar Khan case had been pending for the past 15 years and blamed the judiciary for the delay.
He further alleged that “the present judiciary” wanted to “destabilise the government”.
The chief justice remarked that Rs140 million had been given out by Younus Habib and asked as to who was responsible for that.
He further said that evidence suggested that the money was distributed at the behest of the presidency, adding that, prima facie the President House was involved in the operation.
The chief justice reiterated that the president should be impartial and should not partake in political activity.
Responding to which, the attorney general said that the president’s oath does not restrict him from partaking in politics, adding that, the office of the president was also a political position.
The president’s oath is not any different from the oaths administered to the prime minister and the ministers, Qadir said.
Upon which, the chief justice said that the Constitution entitles the president, not the prime minister, as the head of state.
The attorney general added the parliament had on several occasions saved the judiciary from embarrassment.
Chief Justice Iftikhar said the judiciary would not allow derailment of democracy in the country.
He further said that former interior minister Lt-Gen (retd) Naseerullah Babar had also revealed that money was distributed to politicians to manipulate the country’s politics, adding that, it was allegedly done in the greater national interest.
The attorney general said those involved in the decisions of the past were important personalities, adding that, the individuals who were accused of receiving the money should also be heard.
Re: 1990 election was rigged: SC
Read it with
Shaheed e Millat , Liaqat Ali Khan , Shaheed awalSame story , 1952 ,1979 ,2007 every year and today
Re: 1990 election was rigged: SC
Yeh btao konsay elections rigged nhe thay
Even last elections were rigged big time
Re: 1990 election was rigged: SC
Prime minister believes PPP has been vindicated today that they were robbed of their mandate in 1990. He is promising free investigation against all involved in this scandal.
Re: 1990 election was rigged: SC
Once again "half justice" by SC when it comes to "par jalney wali jagha".
I am by no mean a PPP supporter but I can tell you that if it was the case against PPP (like it was against Gillani), tu SC nai ghar tak chooor ker aana tha. If SC has constituted that rigging was in fact done and Aslam Baig and Durrani are in fact guilty of doing that, whats stopping them from passing a order?
I agree with your posts. I failed to read the full 16 points and there is no mention of the politicians who took money. SC is azaad for sure, but they are kind of biased towards PPP cases.
the politicians involved should have been punished, no two ways about it.
Gentlemen, looks like you are missing a vital point here. The Asghar Khan petition was going through the maintainability process wherein court decides if a petition which has been directly filed in the top-most court, merits to be heard in the top court, be dismissed, needs more substance or should come through lower courts. No direct order can be passed on a petition during its maintainability process.
Once a petition is heard and termed as maintainable by the top court, it is sent to the government for action which means that the government should approach the court through its attorney general for penalizing the culprits.
Now read the story again:
[QUOTE]
ISLAMABAD: The Supreme Court of Pakistan (SC), while announcing the short order in the Asghar Khan case, has declared the petition maintainable while it ordered the government to take action against former Army chief Aslam Beg and former ISI chief Asad Durrani Friday, Geo News reported.
[/QUOTE]
Re: 1990 election was rigged: SC
^ So now the government will have to file a case against all the accused? Technically can the accused politicians contest the next elections?
Re: 1990 election was rigged: SC
Government can tell the Army to proceed against Aslem Beg, but since he is now retired, he can be tried in civilian court as well.
...Technically can the accused politicians contest the next elections?
Right now, constitution does not stop them from contesting elections. Maybe because of the theory of innocent until proven guilty.
Re: 1990 election was rigged: SC
This actually was not the case to decide maintainability. SC’s ruling is that Aslam Baig and Durrani were involved at personal level and some politicians were too (SC of course has not mentioned the names of those politicians keyun k…). SC’s ruling is not about maintainability.
beside that, even if for argument sake we assume that it court was deciding maintainability, then how can they rule/say that rigging did happen? and Aslam Baig and Durrani and other politicians were involved? abhi investigation to hoie hee nahi and they were only seeing the “maintainability”.
ISLAMABAD: The Supreme Court on Friday ordered legal proceedings against a former head of intelligence and former army chief over allegations that politicians were bankrolled to stop the current ruling Pakistan People’s Party from winning the 1990 election.](http://dawn.com/2012/10/19/asghar-khan-case-sc-resumes-hearing-3/)
It was a landmark ruling from the Supreme Court 16 years after retired air marshal Asghar Khanfiled a case, accusing the Inter-Services Intelligence (ISI) agency of doling out money to a group of politicians in the 1990s.
A three-judge bench comprising the chief justice, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain issued the short order after hearing a petition filed in 1996 by Khan requesting the court to look into allegations that the Inter-Services Intelligence had financed many politicians in the 1990 election by dishing out Rs140 million to create the Islami Jamhoori Ittehad (IJI) and stop Benazir Bhutto’s PPP from coming to power. The petition was based on an affidavit of Durrani.
T**he Supreme Court in its short order ruled that there was ample evidence to suggest that the 1990 election was rigged and that a political cell maintained by the then president Ghulam Ishaq Khan supported the formation of the IJI to stop a victory of the PPP. The ruling said Ghulam Ishaq Khan, Baig and Durrani violated the Constitution.**The Supreme Court ruled that “the general election held in the year 1990 was subjected y their chosen representatives.”
“Late Ghulam Ishaq Khan, the then President of Pakistan, General (R) Aslam Baig and General (R) Asad Durrani acted in violation of the Constitution,” said the apex court, adding the federal government should take “necessary steps under the Constitution and Law against them.”
Stating that corruption was carried out in the 1990 election, the ruling said that the president, the army chief and the ISI’s director-general were not authorised to constitute an election cell. It added that the state should implement its authority through the elected representatives of the people.
The election cell “was aided by General (R) Mirza Aslam Baig who was the Chief of Army Staff and by General (R) Asad Durrani, the then Director General ISI and they participated in the unlawful activities of the Election Cell in violation of the responsibilities of the Army and ISI.”
The apex court moreover ruled that political cells of the ISI and the President House should be abolished and ordered the government to take legal action against former retired generals involved in the corruption as well as against Younus Habib, former president of the now defunct Mehran Bank.
The court further ordered that money that was illegally disbursed among the politicians by the then president and the ISI should be recovered and deposited in the Habib Bank along with the accumulated interest on it. Adding to that, the short order said that legal action should also be taken against the politicians who received the money.The order adds that “legal proceedings shall be initiated against the politicians, who allegedly have received donations to spend on election campaigns in the general election of 1990”, and a “transparent investigation on the criminal side shall be initiated by the FIA against all of them.”
“Mr. M. Younas A. Habib, the then Chief Executive of Habib Bank Ltd…arranged/provided Rs.140 million belonging to public exchequer, out of which an amount of Rs.60 million was distributed to politicians,” added the short order.
The ruling further said that Federal Investigation Agency should investigate into the matter, adding that, if evidence was found against anyone, action should be taken against them.
Moreover, the Supreme Court said that political activism was not the domain of the military and the intelligence agencies. Their job is to cooperate with the government, the judgment said.
Friday’s proceedings
During the hearing, Attorney General Irfan Qadir began presenting his arguments.
Qadir said he was representing the federation and the defence ministry.
Responding to which, Chief Justice Iftikhar directed Qadir to produce the document enabling him to represent the defence ministry.
The attorney general said he would try to assist the court to the best of his abilities “in the short time that was available” to him.
Qadir criticised the judiciary upon which the bench expressed its displeasure.
The attorney general said he had reservations over comments alleged to have been made by Justice Khawaja.
“Justice Khawaja said the Pakistan People’s Party government had failed to perform in the past four years,” Qadir said.
Upon which, Justice Hussain said: “You should not name a particular judge. Those were the remarks of the bench.”
The attorney general requested the bench to exclude the concerned remarks from the record of the case.
Qadir added that judges had taken oaths under the PCO in the past and had also allowed the military to step in, in violation of the Constitution.
The attorney general moreover said that the Asghar Khan case had been pending for the past 15 years and blamed the judiciary for the delay.
He further alleged that “the present judiciary” wanted to “destabilise the government”.
The chief justice remarked that Rs140 million had been given out by Younus Habiband asked as to who was responsible for that.
He further said that evidence suggested that the money was distributed at the behest of the presidency, adding that, prima facie the President House was involved in the operation.
The chief justice reiterated that the president should be impartial and should not partake in political activity.
Responding to which, the attorney general said that the president’s oath does not restrict him from partaking in politics, adding that, the office of the president was also a political position.
The president’s oath is not any different from the oaths administered to the prime minister and the ministers, Qadir said.
Upon which, the chief justice said that the Constitution entitles the president, not the prime minister, as the head of state.
The attorney general added the parliament had on several occasions saved the judiciary from embarrassment.
Chief Justice Iftikhar said the judiciary would not allow derailment of democracy in the country.
He further said that former interior minister Lt-Gen (retd) Naseerullah Babar had also revealed that money was distributed to politicians to manipulate the country’s politics, adding that, it was allegedly done in the greater national interest.
The attorney general said those involved in the decisions of the past were important personalities, adding that, the individuals who were accused of receiving the money should also be heard.
Re: 1990 election was rigged: SC
^ When you file a petition directly in the supreme court, the first thing is to see if it merits the platform it has been admitted to? And it's all about to see if a crime did take place and if the crime was of such a magnitude that it warrants the attention of the top court, the petition is termed maintainable. Court also sees if the petitioner has necessary proofs which could be presented in a court of law. High courts also hear cases for their maintainability.
In essence, when a petition is termed maintainable, it is as good as passing a final judgment. But you have to comply with the rules and regulations set in the constituion. It's an international practice.
Memogate was the same case. The SC declared it as maintainable. A decision which was challeneged but a larger bench held the maintainability verdict and set a date for commencing criminal proceedings.
Re: 1990 election was rigged: SC
I dont understand why it takes the SC so long to determine something that has been common knowledge/fact in Pakistan for ages? All elections in Pakistan are heavily rigged, other than perhaps the 1970 elections.
Re: 1990 election was rigged: SC
Thats why we can never prosper
Look forward to the present and future not the past 
Re: 1990 election was rigged: SC
I dont understand why it takes the SC so long to determine something that has been common knowledge/fact in Pakistan for ages? All elections in Pakistan are heavily rigged, other than perhaps the 1970 elections.
Constitutions of most of the former colonies of British Raj provide for this method to ascertain wheather a petition can withstand the rigors of court proceedings and satisfy the laws that are invoked in a particular case.
Re: 1990 election was rigged: SC
Prime minister believes PPP has been vindicated today that they were robbed of their mandate in 1990. He is promising free investigation against all involved in this scandal.
I hope he does..
And while he is at it, I hope he acknowledges the ugly fact that Awami league was robbed of its mandate by ZAB in the 1970 elections...
And while he is at it, I hope he acknowledges the fact that the 1977 elections were perhaps the most rigged elections in the history of Pakistan.
Please investigate everything....else stop wasting the country's time and money.
Re: 1990 election was rigged: SC
I hope he does.. And while he is at it, I hope he acknowledges the ugly fact that Awami league was robbed of its mandate by ZAB in the 1970 elections... And while he is at it, I hope he acknowledges the fact that the 1977 elections were perhaps the most rigged elections in the history of Pakistan. Please investigate everything....else stop wasting the country's time and money.
Mandate was robbed by same people who robbed in 1990 .
They are robbing it since long .
Re: 1990 election was rigged: SC
Can some please tell who benefited.
People involved:
1-alman baig
2-durani
did nawaz sharif won it ? can some one please tell who made govt after that election.
Re: 1990 election was rigged: SC
^ NS (IJI)
When army is helping you with money and boots, can someone else win the elections?
basically Ghulam Ishaq khan and Army first helped creating IJI and then helped with money and "farishtey" to beat PPP. Even though popular vote difference b/w PPP and IJI was of less than 1 percent but seat diff was of more than 50.
Re: 1990 election was rigged: SC
They always like puppets .
Re: 1990 election was rigged: SC
They always like puppets .
Generals always like puppet politicians, and politicians always like puppet generals:)
Re: 1990 election was rigged: SC
Actually during 1996 after this case , They changed their policy and started using Malik Riaz . After this year Malik Riaz grew up and remained main character of financing this type of activities .