ISLAMABAD - Chief Justice of Pakistan Mian Saqib Nisar has made it clear that the Supreme Court will not close the Asghar Khan case.

The Chief Justice said this on Friday while rejecting the recommendations of Federal Investigation Agency (FIA) to close the Asghar Khan case and summoned secretary Ministry of Defence on next date of hearing in this regard.

He also said that every institution, including the establishment, is answerable to the Supreme Court.

The chief justice, who was heading a two-member of the Supreme Court, further observed that interference from outside in the political system should end, saying the Asghar Khan case was not about the two persons rather it was about a system.

He said that there are no two opinions as the Asghar Khan case should logically be investigated. The CJP suggested an independent forum to probe into Asghar Khan case which could inquire civilians and retired army officers on the same level.

The CJP also directed the defence secretary to come up along with details regarding progress on action against involved army's retired officials in the case, wherein it was alleged that military establishment doled out millions of rupees to buy loyalties of politicians and public figures to manipulate 1990 general elections to block the victory of Pakistan People’s Party (PPP).

The bench resumed the hearing of implementation on top court’s 2012 judgment. The CJP commended late Air Marshal (retd) Ashghar Khan for his efforts in the case and observed that he spent major part of his life in pursuing the case and a positive outcome came in the case but now the hurdles are being created at important stage of implementation.

He further observed that FIA was tasked with the implementation but it could not bring the evidences. The bench, however, raised no question on the intentions of FIA in proceeding with the matter. ”They (FIA) would have done with bona fide intentions,” observed the Chief Justice on the report of FIA. “But we are not disposing of the case,” the CJP added further questioning if there is any other way to proceed with the matter.

The Chief Justice further lamented that the matter was sent to cabinet and cabinet pushed the matter to military and afterwards what action has been taken against retired army officers is not known to this court.

During the hearing, the Chief Justice further observed that the court is with Khan’s family members and it will not let the efforts go in vain.

Salman Akram Raja, counsel representing the legal heirs of Khan, argued the prime officers including Brig (retd) Saeed Akhtar has been left untouched adding the statement of army officers, who conceded that they disbursed the amount, has not been recorded. He requested for special team to investigate the matter.

The law officer Amir Rehman apprised the bench that trial against retired army officers is being carried out before the Court of Trial. Due to this, he requested the bench to grant time and adjourn the hearing.

The Chief Justice observed that secretary defence must come to respond. He added that every institution is answerable to the top court.

Raja informed the bench that confessional statement of former Director General Inter-Services Intelligence (ISI) Asad Durrani is on record.

The bench noted that this statement is enough to proceed with the matter.

Director General FIA Bashir Memon informed that bench that the Agency was mandated to initiate criminal investigation against civilians adding that ten politicians were to be probed in which six politicians have been passed away while four politicians refused to concede that they received amount.

Brigadier Saeed Akhtar also does not recall the details as to how the fund was disbursed, he added.

The possession of documentary evidence and money trail is necessary to file challan, he said.

The Chief Justice observed that each and every page of judgment on Asghar Khan case proved the commission of a scandal.

The bench, however, termed the FIA report unsatisfactory and adjourned the hearing till January 25 with orders to secretary defence to appear before the court to explain what actions so far has been taken against involved retired army officers.