SC adjourns Zulfikar Ali Bhutto’s death sentence hearing till Jan 2024

ISLAMABAD: The Supreme Court of Pakistan on Tuesday adjourned hearing 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 apex court bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminud Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali took up the case.

The case proceedings were broadcast live.

 

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

Read more: SC to hear reference against Zulfikar Bhutto’s death sentence on Dec 12

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.

Today’s hearing

PPP Chairman Bilawal Bhutto-Zardari, his father, Sherry Rehman and other senior party leaders arrived at the apex court to hear the live proceedings of Zulfikar Ali Bhutto murder reference.

At the outset of the hearing, Farooq H. Naek, representing the PPP, formally requested Bilawal’s inclusion as a respondent in the reference. The Chief Justice pointed out that the Supreme Court could consider hearing Bilawal both as a family member and a political party representative.

Addressing Bilawal’s plea for a live broadcast filed a day earlier, Justice Isa noted that the court had already made a decision on this matter before the application was submitted.

Mansoor Usman Awan, the Attorney General for Pakistan, presented arguments in the Supreme Court. Following this, the judge instructed Awan to read aloud the presidential reference and identify the filer. Awan clarified that President Asif Ali Zardari had submitted the reference on the advice of the federal cabinet, emphasizing that it had not been withdrawn by any president to date.

Expressing regret on behalf of the Supreme Court, Justice Isa highlighted the court’s policy of adhering to a “first in, first out” approach unless urgency dictated otherwise.

At one juncture, the Chief Justice sought details about Zardari’s counsel. Naek responded that the previous government had appointed Babar Awan as its counsel, but the lawyer’s license was suspended in 2012.

The judge also observed that most of the appointed amicus curiae in the case had either passed away or excused themselves. Therefore, the court would consider appointing substitute amicus and welcome suggestions on the matter.

Following this, Awan provided and read out loud the case record. Justice Shah emphasized that the first question to be addressed was on the maintainability under Article 186 of the Constitution.

He stated, “You will have to assist us that under Article 186 what is the question of law, because a decision has been given by the SC and review has also been dismissed. Now that is the end of the matter.”

Justice Shah stressed the need to articulate Article 186, which allows the president to seek the opinion of the apex court on any question of law deemed of public importance.

“Please concentrate on the maintainability and the constitutional question how do we open this matter if at all,” the judge added.

Naek argued that three factors needed to be present under Article 186: it should be a public matter, involve a question of law, and require the SC’s opinion. However, Justice Shah contended that the apex court determined the question of law, while public importance was the president’s responsibility.

The judge emphasized that the question of law should go beyond the judgment, expressing concern about the president sending references and the court revisiting judgments, stating it was not “the correct way to go about.”

Chief Justice of Pakistan (CJP) Qazi Faez Isa regretted the delay in the fixing of a presidential reference. “[…] This is the oldest pending remaining presidential reference,” he observed.

CJP ISA also hinted that once the reference was fixed for hearing again, it may be heard on a day-to-day basis.

The hearing was then adjourned till the second week of January.