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Asghar Khan Case Judgment

Asghar Khan Case Judgment

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Published by Sani Panhwar
Asghar Khan Case Judgment by Supreme Court of Pakistan given in 2012.
Asghar Khan Case Judgment by Supreme Court of Pakistan given in 2012.

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Published by: Sani Panhwar on Mar 11, 2013
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Judgment in the Asghar Khan Case; Copyright ©www.bhutto.org1
(Original Jurisdiction)PRESENTMr. Justice Iftikhar Muhammad Chaudhry, CJMr. Justice Jawwad S. KhawajaMr. Justice Khilji Arif HussainHUMAN RIGHTS CASE NO.19 OF 1996[Application by Air Marshal (Retd.) Muhammad Asghar Khan]Air Marshal (Retd.) Muhammad Asghar Khan ... PETITIONER VERSUSGeneral (Retd.) Mirza Aslam Baig, former Chief of Army Staff & others... RESPONDENTSFor the petitioner: Mr. Salman Akram Raja, ASCAssisted by Malik Ghulam Sabir, Adv. a/w Air Marshal (R) M. Asghar KhanFor the Federation: Mr. Irfan Qadir Attorney General for PakistanM/o Defence Mr. Dil Mohammad Khan Alizai, DAGRaja Abdul Ghafoor, AOR Assisted by: Barrister Shehryar Riaz Sheikh, Adv.Commander Hussain Shahbaz, Director (L) Wing Comd. M. Irfan, Deputy Director For Respondent No. 1: Mr. Muhammad Akram Sheikh, Sr. ASCAssisted by Ch. Hassan Murtaza Mann, Adv. a/w Gen. Retd. Mirza Aslam BaigRespondent No. 2: Lt. Gen. Retd. Asad Durrani, Ex-DG, ISIIn PersonFor Respondent No. 3: Mr. Muhammad Munir Piracha, Sr. ASCFor the Applicant(s): Sh. Khizar Hayat, Sr. ASC(CMA No. 918/2007)Mr. Roedad Khan in person (CMA No. 3196/2012)Raja Abdul Ghafoor, AOR (in CMA 3410/12)On Court’s notice:For President Secretariat: Malik Asif Hayat, Secretary to the PresidentMr. Arshad Ali Chaudhry, Director Legal
Judgment in the Asghar Khan Case; Copyright ©www.bhutto.org2
For SBP: Raja Abdul Ghafoor, AOFor NAB: Mr. Mazhar Ali Chaudhry, DPGBrig. (R) Hamid Saeed, in personFor HBL: Nemo
Date of Hearing: 19.10.2012....J U D G E M E N T
IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – The instant Human Rights Case wasregistered under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973[hereinafter referred to as ‘the Constitution’] on the basis of letter dated 16.06.1996written by Air Martial (R) Muhammad Asghar Khan, a former Chief of Air Staff [hereinafter referred to as ‘the petitioner’] to the then Chief Justice of Pakistan.2. For the purposes of disposal of this petition, it is necessary to recapitulate thehistorical background in which the general elections of 1990 were held. On 17-08-1988,General Zia-ul-Haq (late), Chief of Army Staff who had imposed martial law in thecountry on 05-07-1977 and later assumed the office of President of Pakistan, died in C-130 airplane crash carrying top military brass of the time and some other notableinternational figures of the time, few moments before its arrival at the Bahawalpur Military Airbase. General Mirza Aslam Beg, the then Vice Chief of Army Staff [hereinafter referred to as ‘respondent No.1’] was also flying to Bahawalpur but in aseparate plane and survived. The same day, Mr. Ghulam Ishaq Khan (late), the thenChairman, Senate of Pakistan was sworn in as the Acting President under theConstitution and respondent No.1 was appointed as Chief of Army Staff. On 16.11.1988,general elections were held in the country and Pakistan People’s Party (PPP), whichcaptured the largest number of seats in the National Assembly in comparison to other  parties, formed the Federal Government. Mr. Ghulam Ishaq Khan (late) was elected asthe new President. Political differences arose between the President and the electedgovernment of Late Mohtarma Benazir Bhutto. On 06-08-1990, the President, in exerciseof powers conferred upon him under Article 58(2)(b) of the Constitution, which wasinserted by the Eighth Constitutional Amendment, dissolved the National Assembly anddismissed the government on the ground that the Government of the Federation was not being carried out in accordance with the provisions of the Constitution. The dissolutionorder was challenged before this Court in the case of Ahmed TariqRahim v. Federation (PLD 1992 SC 646)], but the same was upheld.3. Mr. Ghulam Mustafa Jatoi was appointed as the Caretaker Prime Minister andfresh elections were scheduled to be held on 24-10-1990. An electoral alliance of nine political parties, known as the Islami Jamhoori Ittehad (IJI), also called IslamicDemocratic Alliance won the largest parliamentary seats and formed the government

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