Mis-judgement by the Supreme Court


London, MTT News Desk: Today is sad day in the history of Pakistan. The Supreme Court indicted the former Chief of Army Staff, General Aslam Beg, and former DG of ISI, Lieut General Asad Durrani for manipulating the elections of 1990.

Both of these old soldiers had acted honourably throughput the sixteen years over which the trial was held. They told the truth; they accepted that money obtained by dubious means from a bank had indeed been distributed among those who were taken into confidence about the rationale and their role in helping to defeat the then newly dismissed Prime Minister Late Ms Benazir Bhutto.

General Durrani gave to the court the details of the money distributed. He was forthright as were all the retired military officers in accepting responsibility for an act which was obviously suspect in the eyes of law. But they were discreet in explaining the reason for the act.

General Asad Durrani as well as Brigadier Hamid Saeed handed over to the court in writing the reason for their action, which was not read in the open court or made a part of the recorded evidence. Both these officers who were not represented by a lawyer in the Supreme Court must have believed that the SC would take into account their written evidence.

But what came out in the judgement was that they the plea for having acted in national interest was not accepted.

Since I know both the officers personally and well and have spoken to them in recent months, I am aware of what their plea. Their case is as follows:

  • Counter- intelligence i.e. keeping an eye on the Intelligence operatives of foreign countries and their links inside Pakistan, is statutory responsibility of MI, ISI and IB. Their area of responsibility is different but the areas do overlap.
  • If they discover in the course of their work that an official however high or low is in contact with an enemy operative or agent they put him under surveillance. They send a report to the head of the department when they find an official engaged in suspicious activities.
  • When the person they observe to be engaged in suspicious activity is as high as the Prime Minster herself, what do they do? That was dilemma faced by General Asad Durrani. He reported the matter to the COAS who informed the President Ghulam Ishaq Khan. The three met and decided that since Ms. Benazir Bhutto had already been dismissed for corruption, the only course was to make it certain that she did not come back to power.
  • Ms Benazir Bhutto was not likely to win the 19990 elections but to make that certain it was decided to discreetly share the intelligence with certain quarters. That is how the charge of her being a security risk became public. Clearly, a clandestine operation was carried out to thwart Benazir Bhutto who had contacts with Indian intelligence operatives. They intelligence agencies could not afford another fiasco like that over Agartalla Conspiracy. But one serious mistake was made. It was made by General Asad Durrani who was sympathetic to the PPP. He was clearly wrong to have given the details of a clandestine operation that he was sworn to keep confidential. What was worse was that he gave the affidavit to one MR REHMAN MALIK.
  • All the others who were given details of the intelligence against Benazir Bhutto in 1990 have acted correctly and honourably by not disclosing it. To lie in order to keep secret information secret is not a lie, it is a duty under the official secrets act.
  • Today t is a sad day in the history of Pakistan as sad as the day the Supreme Court invoked the Doctrine of Necessity to keep two usurpers General Zia ul Haq and General Pervaiz Musharraf in power. The laughable irony is that the Army Chiefs who carried out coup détat in 1971 and 1999 were never indicted but the ONE Army Chief and DG ISI who revealed the intelligence about the suspect activities of a Prime Minster stand convicted.

One hopes that in the detailed judgement the Supreme Court would find a way to reveal the information they have but was not read out in the court. Otherwise, the SC would be complicit in undermining the state just as General Durrani has been both ostensibly to uphold the truth.

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5 Responses to Mis-judgement by the Supreme Court

  1. Pakistani says:

    When you have such Humayuns you do not need an intelligent enemy.

  2. Humayun ilahi says:

    Who is moderating my comment?Any form of moderation can be regarded as a kind of censorship?

  3. Humayun ilahi says:

    It would be naive to expect generals to judge national interest. they are not qualified by their training intellect or. Ethical probity at least in Pakistan

    • Siraj Ullah Qazi says:

      How much do you know how the Army officers are trained to reach the dizzy height of command . You have erroneously concluded that judging national interest is the sole domain of the mob of corrupt politicians in power whom we countenance and suffer day in and day out . Are they qualified and do they have the credentials and the intellect . Can you imagine the Prime Minister of the country involved in anti state activities and being kept under surveillance by the intelligence agencies as part of their counter intelligence duties . Didn’t an illustrious son of the present dispensation hand over a top secret list of certain operatives to the other side that jeopardized an important operation leading on to a crack down on those whose names had been handed over . Could you educate me by letting me know who are the people that are qualified and have that super intellect to judge national interest and who provides them the information .

  4. M Humayun says:

    Who is to judge what is in national interest?Can we leave it to any general?let us not be naive

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