Supreme Court issues written order in Zulfiqar Bhutto reference

ISLAMABAD: The Supreme Court on Wednesday issued a written order of January 8 hearing regarding a long-pending presidential reference, seeking to revisit the 1979 ‘controversial’ death sentence awarded to former prime minister Zulfikar Ali Bhutto, ARY News reported.

A nine-member larger bench – head by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin Ud Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali – took up the reference for hearing.

In its order, the Supreme Court said: “In view of the forthcoming elections and as important matters are coming before this court, and as this court wants to hear this reference in detail, it be fixed for hearing in the third week of February 2024, which will also enable us to examine the material filed before us.”

“[Senator] Raza Rabbani stated that he represents Ms Sanam Bhutto, Ms Bakhtawar Bhutto Zardari and Ms Aseefa Bhutto Zardari respectively, the daughter and maternal granddaughters of the late Mr Bhutto,” it stated.

It further read: “Mr Zahid F. Ebrahim was appointed as amicus but states that he had already been approached by Ms Fatima Bhutto and Mr Zulfiqar Ali Bhutto, the paternal grandchildren of the late Mr Bhutto”.

“We enquired from the learned counsel and others present whether anyone has any objection to Mr Zahid F. Ebrahim being counsel instead of amicus and none object.”

The court said, “Khawaja Haris Ahmed was appointed as amicus but he has disclosed that his father was counsel in a contempt case of Masood Mahmood, who was co-accused/approver in the case, therefore, his name may be withdrawn as amicus.”

“Mr Salahuddin Ahmed was appointed as amicus and discloses that he is married to the granddaughter of the murdered Nawab Ahmed Khan, therefore, if anyone objects to him being amicus he will withdraw. However, none present object to Salahuddin Ahmed appearing as amicus.

“We commenced by hearing amicus Mr. Makhdoom Ali Khan. He has also filed material contained in two voluminous bound sets.”

The top court said, “If any amicus or counsel wants a copy of the report of Mr. Justice Shafi ur Rehman or of the recording provided by Geo office to provide the same.”

The reference

Previously, former chief justice Iftikhar Muhammad Chaudhry, had conducted five hearings on the presidential reference — whose last hearing was held on November 11, 2012.

Former President Asif Ali Zardari had approached the Supreme Court in 2011 through a Presidential Reference under Article 186 of the Constitution, seeking to revisiting the trial of the PPP Founder Zulfiqar Ali Bhutto.

Zulfikar Ali Bhutto was handed a death sentence during former military ruler General (retired) Ziaul Haq’s regime.

The first elected prime minister of the country was charged with the murder of a political rival Nawab Mohammed Ahmed Qasuri and a trial took place.

Amid petitions and appeals of clemency, and mercy from several Heads of States, Bhutto was hanged on April 4, 1979.