The Supreme Court of Pakistan (SCP) held case hearing of presidential reference filed against ‘judicial murder’ of former prime minister Zulfiqar Ali Bhutto on Tuesday.
Two judicial assistants, Khalid Javed Khan and Barrister Salahuddin completed the arguments.
During the hearing, Chief Justice Qazi Faiz Isa said that the Supreme Court is bound to give an opinion on the presidential reference.
There are only two questions before the judge whether a crime has been committed or not.
Justice Mansoor Ali Shah inquired about the material from the court record which proved that there was pressure on the judges or the decision was made on bias leading to the situation wherein every case will be asked to be reopened.
The hearing on the Zulfiqar Ali Bhutto reference was conducted by a 9-member larger bench headed by Chief Justice Qazi Faiz Isa.
Judicial Assistants Khalid Javed Khan said that the trial of the case could not be reopened but the Supreme Court can definitely declare that the Bhutto case was ‘mishandled’.
Chief Justice Qazi Faiz Isa remarked that the Supreme Court is bound to give an opinion on the presidential reference
The court assistants took the stand that it was necessary to take into account the circumstances of the time when Bhutto was hanged.
The Chief Justice remarked: “We should correct the {history} direction. It may have been thought that if he was not punished, tomorrow he becomes a prosecutor and imposes Article 6 on us. These things are not in the Bhutto judgment but are a part of history.
Justice Mansoor Ali Shah remarked: “Supreme Court could not go on the merits of the Zulfiqar Ali Bhutto case, I think the court can only look at the extent of trial transparency in the Bhutto case. If the requirements of justice have not been fulfilled, then in what way should the Supreme Court review it now?”
Show material on the court record that proved that the judges were pressured or biased, he inquried.
“Then every case will be opened. It is not enough to simply say that martial law was in force.”
Justice Sardar Tariq Masood said that how can we review the bias without annulling any judicial decision and how could we proceed without annulling the judgments of trial court.
Barrister Salahuddin referred to the book and interview of Justice Naseem Hasan Shah in his arguments and said: “Justice Naseem Hassan Shah had accepted that after giving the decision against ZAB. CJ of the Lahore High Court (LHC) and the then attorney general met him and asked to sit in the bench hearing the appeal. Only on this point alone, the death penalty verdict should have been set aside.”
Further hearing was adjourned till next March 5.
