Court Martial of Aslam Baig and Asd Durani

Will the generals be tried under civilian rule?

ISLAMABAD - The Apex Court’s order to probe the extent of involvement of two top former generals in a high profile case has once again raised the question if the government would stand up to take the guilty army men to task under civilian apparatus considering that a corruption case involving three ex-generals was taken up for ‘trial’ under Pakistan Army Act (PAA) in the recent past.
Issuing a milestone judgement in the Asghar Khan petition case on Friday, the Supreme Court of Pakistan smelled foul play on part of former Army Chief General (r) Mirza Aslam Baig and former Director General Inter-Services Intelligence (ISI) Lieutenant General (r) Asad Durrani to rig the 1990 general polls and get the late Benazir Bhutto-led Pakistan People’s Party (PPP) defeated.“The acts of Aslam Baig and Asad Durrani have brought a bad name to Pakistan and its armed forces as well as secret agencies in the eyes of the nation,” the court had observed directing the federal government to take action in accordance with the provisions of law against the retired generals through Federal Investigation Agency (FIA).

Amidst strong criticism last month, Inter Services Public Relations (ISPR), the military’s mouthpiece, had announced ‘recalling’ three ex-generals, Lieutenant General (r) Khalid Munir Khan, Lieutenant General (r) Mohammad Afzal Muzzafar and Major General (r) Khalid Zaheer Akhtar, for initiating Court Martial proceedings against them through PAA instead of letting their trial under civilian accountability set-up. The retired officers were involved in a mega financial scam at National Logistics Cell (NLC). This earned enormous criticism from the public and political circles coupled with the prevalent feeling that the three high-profile former army men were being treated as ‘sacred cows.’

The legal fate of the two generals involved in Asghar Khan case, also known as Mehrangate scandal, does not appear to be different from the three ‘lucky ones’ being ‘tried’ under the military cover. In March this year, the Army Chief General Ashfaq Parvez Kayani had equated digging the 20-year old Mehrangate scandal with ‘fighting with history.’ “If you want to fight with history- it’s your choice to do so,” he had told the journalists at a gathering organised to bid farewell to the then outgoing Air Chief Rao Qamar Suleman.
The ISPR has so far not commented on the issue. This newspaper tried to approach Director General ISPR Major General Asim Saleem Bajwa at his cell for the military’s version over the trial of General (r) Aslam Baig and Lieutenant General (r) Asad Durrani but he did not respond.

A telephone operator at General (r) Aslam Baig’s residence said that the former army chief did not wish to speak on the issue. Lieutenant General (r) Asad Durrani also refused to comment, when contacted, and dropped the call.   
Talking to The Nation, Member National Assembly (MNA) and former Governor Balochistan Lieutenant General (r) Abdul Qadir Baloch said, Baig and Durrani should be tried under the civilian apparatus as ordered by the SC. “Once the nature of their crimes is ascertained and responsibility is fixed, they should be proceeded against in the civilian accountability set-up. Nobody is above the law. There is no point in pulling them off the hook by getting them wear army uniform for military trial,” he said.
The former army officer said, the crimes committed by the two generals did not attract their trial under the military laws. “Their crimes pertain to interference in the political arrangement that does not attract trial under military laws. Like any ordinary citizen of Pakistan, they should be held accountable under civilian laws.”    
Last month, the Public Accounts Committee (PAC) was taken by surprise after having learnt that the General Headquarters (GHQ) had reinstated the three former bosses of the NLC, for conducting court martial proceedings against them. During the respective tenures of these generals, the NLC had taken bank loans exceeding 4.3 billion rupees in stark violation of rules that caused the NLC a huge loss of nearly two billion rupees.
The NLC had to pay a mark up payment of around three million rupees per day to the banks. The ISPR had ‘clarified’ that the three ex-army men were not ‘reinstated’ or ‘rehired’ but they were only ‘recalled.’ 

The establishment exposed

The infamous 1996 Asghar Khan case is finally over. It took the men on the hill a quarter of a century to come to terms that Benazir Bhutto was right. The 1990 election was indeed stolen.
The Supreme Court has not minced words in its short order: “Late Ghulam Ishaq Khan, the then President of Pakistan, General (R) Aslam Baig and General (R) Asad Durrani acted in violation of the Constitution…”. Brazenly, this cabal rigged the 1990 elections by doling out funds to parties opposing Benazir Bhutto’s Pakistan Peoples Party. According to the Supreme Court, “Their acts have brought a bad name to Pakistan and its Armed Forces as well as secret agencies in the eyes of the nation, therefore, notwithstanding that they may have retired from service, the federal government shall take necessary steps under the Constitution and law against them.”
The Supreme Court verdict clears the way for prosecuting General Beg and General Durrani for treason against the State under Article 6 of the Constitution. However, it is unlikely that the present government has the will to institute such proceedings or waver from its time-tested policy of reconciliation.
The Asghar Khan case will pose an equally uncomfortable dilemma for the armed forces. Given the recent precedent in the NLC scam, General Kayani and the corp commanders will now be asked as to why General Aslam Beg a former Chief of the Armed Forces and General Asad Durrani, head of the ISI, not be re-inducted into the army and face court martial.

In the ultimate analysis, a trial for treason or a court martial are unlikely to have any salutary effect on the destiny of this nation.  Knowing the truth – as we have done so with the Supreme Court verdict – may serve national interest much better.
General Durrani is of course guilty of stealing the 1990 election. But he was man enough to admit his wrongs. We must not forget that without his admission and sworn affidavits, this blot on our nation’s history would never have seen the light of day. More dark knights from the establishment need to take General Durrani’s high road.
The Asghar Khan case is not just about 1990. It is about 2012. If this verdict has vindicated Benazir Bhutto, it has also thrown the gauntlet to Asif Ali Zardari’s Presidency.

The Supreme Court’s judgment focuses on Ghulam Ishaq Khan’s constitutional violations – however, the principles enunciated by the Supreme Court sound like they may have someone else in mind.
The Supreme Court has held that “A President of Pakistan, in parliamentary system of government, being head of the state represents the unity of the Republic under Article 41 of the Constitution. And as per the oath of his office in all circumstances, he will do right to all manner of people, according to law, without fear or favour, affection or ill-will. Thus, holder of office of President of Pakistan, violates the Constitution, if he fails to treat all manner of people equally and without favouring any set, according to law, and as such, creates/provides an occasion which may lead to an action against him under the Constitution and the Law.”

Aslam Baig offered money to us: Pervaiz

LAHORE: Deputy Prime Minister and PML-Q leader Chaudhary Pervaiz Elahi has welcomed SC verdict in Asghar Khan case and said those politician, exposed over receiving money, should be declared ineligible.
Talking to media in the State Guest House here Saturday, Pervaiz Elahi said Asghar Khan case verdict should be implemented like that of NRO.
He said the then army chief Aslam Baig called them (Shujaat Hussain and Pervaiz Elahi) and offered money to them but they refused to accept it.
Meanwhile, talking to Indian media delegation, Pervaiz Elahi emphasized on dialogue process, saying that Pakistan and India have fought three wars but the issues would be settled through dialogue.
 He said dialogues could be held on Kashmir, Siachan and water issues with positive thinking.