After more than 11 years, a nine-member larger bench of the Supreme Court headed by Chief Justice of Pakistan Qazi Faez Isa has started hearing the presidential reference filed in April 2011 against the death sentence awarded to former prime minister Zulfikar Ali Bhutto.
The CJP dictated the verdict of today's hearing and adjourned the case hearing till January 2024.
The bench included Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali.
The presidential reference was filed in April 2011 by former president Asif Ali Zardari.
Must Read: ZAB can’t return but serve justice: Bilawal asks SC
PPP lawyer Farooq H. Naek was present in court, while the federation is being represented by Attorney General for Pakistan Mansoor Usman Awan. The AGP told the court that the case was last heard in 2012.
CJP Qazi Faez Isa expresses regret
The CJP first expressed regret at the Supreme Court not taking up the case earlier. He said a committee was formed for direct action and the presidential reference still stands as it has not been withdrawn.
“I have received no instructions not to hear this reference,” the AGP said.
“A senior member did not want to join the bench,” the CJP remarked, adding that two more judges excused themselves for personal reasons, after which a nine-member bench was constituted.
He then inquired which president sent the reference, to which the AGP replied that it was former president Asif Ali Zardari.
“How many presidents came after that?” the CJP asked, to which the AGP responded that there were two. The CJP said no president had withdrawn the reference.
“I regret that the Supreme Court did not take up the case earlier,” the top judge said.
The AGP then read out the questions raised in the reference before the bench on the inquiry of Justice Mansoor Ali Shah.
Justice Hilali asked if any application was filed during the trial in the Lahore High Court (LHC) to object to the bench. At this, the AGP said, as per records, several applications were filed.
The AGP also referred to Justice Naseem Hassan Shah’s interview that Farooq Naek told the CJP was given to journalist Iftikhar Ahmed.
Naek further said that in another interview Justice Shah has said “the ones who impose martial law” have to be obeyed.
Ahmed Raza Kasuri also referred to Justice Shah’s interview, to which Justice Mandokhel asked if he would also rely on the interview.
The CJP then asked the AGP who represented the then president in the reference back then. He was represented by Babar Awan whose licence was laster cancelled, the counsel replied.
Ahmed Raza Kasuri said no legal question had been raised in the reference and Babar Awan had panicked at that time.
Justice Mazhar asked if a supplementary reference was also filed. The AGP replied in the affirmative and said other aspects also came up.
The CJP also asked Ali Ahmad Kurd about assisting the court in the case, to which he replied in the affirmative.
An assistant told the court that lawyer Makhdoom Ali Khan was not aware whether he has been summoned in the case or not. He was an amicus curiae and could not be forced, the CJP remarked.
Aitzaz Ahsan’s assistant told the court the veteran was a lawyer in the case so wouldn’t appear as an amicus curiae.
Farooq Naek said the record of the complaint in the case was not received, adding that the court in its order had directed the Lahore High Court to provide the complete record of the case. A tribunal had been formed to check if the cases against Zulfikar Ali Bhutto were correct or not, and it declared the cases were fake.
He asked where the record of the tribunal was.
Justice Shah asked if a constitution was in force in the country when the case was being heard. The AGP said there was martial law in the country at that time.
Ahmad Raza Kasuri requested the CJP to adjourn the case hearing after the elections, to which, the CJP replied that the reference was heard after 11 years, so the court could not adjourn the matter indefinitely.
At one time the court, the CJP also stopped the senior advocate Ali Ahmed Kurd from elaborating his agreement about what he felt about the case since the first hearing took place in 2011. He said the court did not utter a single bench about the demise of amicus curiae.
The bench discussed the names of the Mr Yasir Qurreshi, Mr Zahid Ibrahim, Mr Salauddin Ahmed Mr Faisal Siddique, Khalid Javed Khan, Khawaja Harris, Salman Safdar and Justice (rtd) Mansoor Malik as amicus curie (friend of court), depending upon the consent of these names.
Earlier, CJ inquired Mr. Raza Rabbani.
The execution of former prime minister Zulfikar Bhutto -- a major decision in the history of Pakistan’s judiciary -- was never presented as a ‘precedent’ in the courts.
PPP Chairperson Bilawal Bhutto-Zardari and Co-chairperson Asif Ali Zardari were also present in court to attend the hearing.
SAMAA TV talked to legal experts about the apex court verdict on the execution of former prime minister Bhutto. Five questions were raised on the controversial decision of the execution being ‘unconstitutional, illegal, and biased’.
Bilawal Bhutto submits petition to become party
Earlier, Bilawal had filed a petition to become a party in the presidential reference case.
Basis of reference
The reference was filed based on a 2011 TV interview of former chief justice Naseem Hasan Shah, which gave the ‘impression’ that the judges hearing the case against Bhutto were under ‘pressure’.
Legal experts’ opinion on verdict
Legal experts said if it was a ‘judicial murder’, the culprits must be held accountable for aiding and abetting the murder of ZAB.
Legal expert Shah Khawar said that an act called ‘judicial murder’ cannot be punished, but can be held accountable in history.
Jahangir Jadoon said some judges had given interviews in which they claimed they were under pressure to decide against Bhutto.
The Supreme Court may declare that the decision was not right. It can be an opinion and may give the PPP a moral ground.
Legal expert Shoaib Shaheen said that judicial precedents did not allow that they should have been hanged—a mistake that the Supreme Court can now correct.
The first hearing on the presidential reference was conducted by an 11-member larger bench headed by former chief justice Iftikhar Muhammad Chaudhry. Babar Awan had represented the PPP government when Asif Ali Zardari was president and had filed the reference.
In January 2012, after Babar Awan's license was suspended for contempt of court, the case was handed over to Barrister Aitzaz Ahsan.
Live streaming of SC hearing of Presidential Reference for ZAB's murder case
Pakistan People's Party Chairman Bilawal Bhutto Zardari's request has been decided in favor, Bhutto reference will be live telecast
The Bhutto assassination presidential reference hearing will be broadcast live on the Supreme Court's website, announced the Supreme Court.
The Supreme Court approved the live broadcast of Shaheed Zulfikar Ali Bhutto presidential reference case.
The hearing of the case related to the judicial killing of Shaheed Zulfiqar Ali Bhutto will be broadcast live on the Supreme Court website and YouTube channel.
Sherry Rehman says important day for PPP
PPP senior leader Sherry Rehman in conversation with the media in the Supreme Court of Pakistan (SCP) said that today is an important day for PPP which came after many years.
“Chief Justice Qazi Faiz Isa fixed this case today. A member of the bench himself later admitted that it was a judicial murder,” she added. “Hope the presidential reference will be televised live,” Sherry Rehman said.
Aseefa Bhutto Zardari said for forty years the hands of the Supreme Court have been stained with the blood of Shaheed Zulfiqar Ali Bhutto.
