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Aslam Beg tells SC remarks against him are incorrect

22 November, 2012

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ISLAMABAD: Filing a review petition against the Supreme Court's judgement in the Asghar Khan case, former chief of army staff General (r) Mirza Aslam Beg has contended the findings and observations made against him by the court are incorrect. He also said his fundamental right to a fair trial as enshrined in Article 10A of the constitution and right to due process of law has been infringed.

He prayed to the court that the findings and observations against him in the October 19 judgement may kindly be deleted and expunged. Beg has filed the review petition through Barrister Syed Ali Zafar under Article 188 of the constitution read with Order XXVI of Supreme Court rules 1980.

He also questioned the principle that "no one is to follow any unlawful orders" and argued "if this legal proposition is allowed to remain worded in such a vague manner then this will lead to mayhem in the armed forces of Pakistan and the bureaucracy. The government will not be able to run and there will be anarchy. An army officer is bound to obey the orders of his superior and must act on the assumption that the command by his senior is lawful even at the risk of losing his life. It is not possible for an army officer to start asking his superior officer to explain the legality of the command".

The review petition contended that "whether the elections were rigged or not can only be determined by proving that payments were made to political parties/politicians and as till to-date no trial has taken place against any of the alleged politicians the court could not have concluded that any rigging had taken place".

He stressed, "Whatever I did, was at the behest of the supreme commander. And, in case of non-compliance, disciplinary action might have ensued against me."


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