—— CJP stresses need to ‘rectify history’
—— Promises Apex Court will set a better example
Staff Report
ISLAMABAD: The Supreme Court has decided to defer the further hearing on the presidential reference regarding the death sentence of former prime minister Zulfikar Ali Bhutto until after the upcoming general elections.
The top court noted that in the Bhutto case, the composition of the bench was such that even a single judge’s opinion was significant and valuable.
During the proceedings, Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed concern over the controversial case where an individual’s fate was sealed by a majority vote among judges. He emphasised the need to rectify this chapter of history, noting that the stain left behind pertains not just to a family but also affects the credibility of institutions.
“In seeking justice, we aim not only to restore an individual’s honour but also to correct history. The court will set a better example,” the CJP said while addressing the controversial 1979 death sentence case.
The larger bench, headed by CJP Qazi Faez Isa, includes Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminud Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali.
Bilawal Bhutto and Aseefa Bhutto Zardari, Raza Rabbani, Farooq H Naek and Attorney General Mansoor Awan were also present in the courtroom. “Is it within the court’s purview to declare that no one should be punished for an accomplice’s admission of guilt?” the CJP questioned.
Judicial Assistant Makhdoom Ali Khan asserted that the constitutional safeguard of life and property, as enshrined in Article 4 of the Constitution, is as an inalienable fundamental right. He argued that the presidential reference is admissible when Article 186 is viewed within the context of Article IV.
Makhdoom Ali Khan highlighted that rectifying the court’s decision is not the issue, as the verdict cannot be altered. However, he emphasised the grave impact of the flawed justice system on both the court’s integrity and the convicted individual’s legal heirs.
He read out an excerpt from author Rafi Raza’s book ‘Zulfikar Ali Bhutto and Pakistan,’ citing an interview where the former attorney general Sharifuddin Pirzada labelled the judicial proceedings as fraudulent and biased.
Later, the CJP adjourned the case’s hearing until the third week of February.Earlier, The Supreme Court is likely to take up a presidential reference next week for revisiting former prime minister Zulfikar Ali Bhutto’s murder case judgment after a hiatus of more than 11 years.
On April 2, 2011, the then-president Asif Zardari approached the apex court through a presidential reference under Article 186 of the Constitution of Pakistan to seek its opinion on revisiting the trial of the Pakistan Peoples Party (PPP) founder.
The committee of three senior Supreme Court judges, including Chief Justice Qazi Faez Isa, will decide on the fixation of the case and composition of the bench on Thursday (today).
The last hearing of the reference took place on November 11, 2012.
