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SC to determine maintainability of ZAB reference first

Staff ReportISLAMABAD: The Supreme Court has decided to first determine the maintainability of Presidential reference regarding opening of Zulfkikar Ali Bhutto murder case. The apex court has directed amici curiae to give their arguments on this point. Appearing before an 11-judge Supreme Court bench, President’s lawyer Advocate Babar Awan, Attorney General Maulvi Anwar ul Haq...

SAMAA | - Posted: Jan 3, 2012 | Last Updated: 10 years ago
SAMAA |
Posted: Jan 3, 2012 | Last Updated: 10 years ago

Staff ReportISLAMABAD: The Supreme Court has decided to first determine the maintainability of Presidential reference regarding opening of Zulfkikar Ali Bhutto murder case. The apex court has directed amici curiae to give their arguments on this point. Appearing before an 11-judge Supreme Court bench, President’s lawyer Advocate Babar Awan, Attorney General Maulvi Anwar ul Haq and Advocate General Khyber Pakhtunkhwa termed the reference as maintainable. In his arguments, Awan said Under Article 186 of the Constitution, this is the first case of revisit, but this is also the first case of hanging on mere consultation. The attorney general said there is no limit on court’s jurisdiction if any case was not correctly heard. The court, he said, should use its discretion to fulfill the demands of justice. Punjab’s Advocate General Hanif Khatana argued that Bhutto case could not be reopened through a president’s reference. There is no example of reopening of any case through reference. Chief Justice Iftikhar Muhammad Chaudhry said the court has limited discretion to decide on reference. In this case, only advice can be given, he said.

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