Islamabad: A three member bench headed by the Honourable Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other two members namely Honourable Mr. Justice Khilji Arif Hussain and Honourable Mr. Justice Tariq Parvez heard HRC No. 19 of 1996 and CMA No. 1034 of 2012 (Application by Air Marshal (R) Muhammad Asghar Khan). After hearing the counsel for the petitioners and the respondents in the case, the bench passed the following order:-
“The learned Attorney General for Pakistan informs that in pursuance of this Court’s order, dated 30.03.2012, he has convened a meeting with Federal Minister for Interior (Mr. Rehman Malik), which was also attended by the Secretary, Interior, but reports of Mehran Bank and Habib Bank scandals have not been found available in the said Ministry, except the report which is based on memory of the then Director, FIA Mr. Rehman Malik (incumbent Minister for Interior).
We have pointed out to him that perhaps under the law such report is not acceptable. He has stated that he is trying his level best and ensures the Court that all efforts shall be made to trace out the said reports in the Interior Ministry as well as the Law Ministry.
2. Mr. Salman Akram Raja, learned ASC, appearing for Air Marshal (R) Asghar Khan, has stated that Mr. Hamid Mir, a senior Anchor Person of a private TV channel, namely Geo TV had contacted and informed him that he is in possession of the said reports. He also states that he can request Mr. Hamid Mir to place the same on record. Let him do so.
3. We have undertaken some deliberations and during course whereof, it transpired that Gen(R) Mirza Aslam Begin his concise statement had also taken the position of possessing knowledge about the distribution of this amount and maintaining the account by the ISI. Inter alia, in the concise statement, one of the factors also finds mentioned to the effect that full account was maintained qua all the payments made by the then Director General, ISI and no amount was misappropriated or misused. Mr. Muhammad Akram Sheikh, learned Sr.ASC, appearing for Gen(R) Mirza Aslam Beg, may furnish the details of such account before the next date of hearing.
4. Mr. Mazhar Ali Chaudhry, learned ADPGA, states that NAB is collecting the record in respect of the case in which Younas Habib had entered in compromise/plea-bargain and to do the needful 2/3 days more are required.
5. In compliance of earlier order of this Court, Ms. Naveeda Noor, Assistant Director (Legal), Intelligence Bureau, has placed on record a sealed cover containing the accounts of Intelligence Bureau for the years 2008-09, as it has been reported in the Express Tribune that in the year of 2009, an amount of Rs.27 Crores was taken out from the account of IB for the purposes of toppling Punjab Government. The report has been desealed for our eye and is again directed to be sealed and kept on record in safe custody.
6. However, after having gone through the report, Director General, IB is also impleaded as party with the direction that he may file a concise statement regarding the allegation, as has been stated hereinbefore, to the extent of spending the amount for toppling Punjab Government in the year 2009.
7. The learned Attorney General for Pakistan states that the case may be adjourned to 10.05.2012 enabling him to do the needful concerning the directions, which have been issued for producing the reports of Mehran Bank and Habib Bank scandals after tracing the same. Order accordingly. To be placed at Sr.No.1.
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