ISLAMABAD - The Supreme Court of Pakistan Monday reserved its opinion on the Presidential Reference on murder of Pakistan Peoples Party (PPP) founder Zulfikar Ali Bhutto.
A nine-member SC bench, headed by Chief Justice 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 Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali conducted hearing of the Presidential Reference.
During the hearing, Additional Attorney General (AAG) Aamir Rehman told the court that the federation has adopted the arguments of Justice Manzoor Malik, a former judge of the Supreme Court, who assisted the bench on the criminal aspects of the reference. Onset of the hearing, Raza Rabbani representing Sanum Bhutto, Aseefa Bhutto and Bakhtawar Bhutto, said that emergency was proclaimed on 5th July, 1977, which placed fetters on the function of the judiciary and took away all the Fundamental Rights enshrined in the constitution. The courts were functioning under various provisions of the Martial Law, and the fair trial was not available to the citizens.
Advocate Ahmed Raza Kasuri, who was the complainant against Zulfikar Ali Bhutto, argued that the court yet has not crossed the bridge of admissibility of the reference. He said that as Bhutto had available the Article 185 and Article 188 of the Constitution, therefore, the judgments of the Lahore High Court and the Supreme Court regarding the matter are res judicata. He contended that if the court reopens the case then tomorrow someone else would come in the case of election symbol and demand that it be decide afresh, adding that this way the Supreme Court would become the laughing stock, and “I don’t want it, because dignity and respect of this institution is very dear to me.” However, he stated; “It is the Court to decide the future course of action”.
Earlier, Kasuri explained that why after three years he had filed a private complaint against Zulfikar Bhutto. He said Bhutto was the Prime Minister when in 1974 his FIR regarding murder of his father in brutal attack on his car, was registered. Later on, it was closed. Justice Tariq Masood asked from Kasuri when Gen Zia ul Haq grabbed the power after the removal of Bhutto then why the Lahore High Court, which acted as trial court, at that time instead of taking up of your private complaint heard the case, which was closed in 1974. He said under Section 374 of the CrPC, the High Court has to confirm the reference i.e. sentence of death, but in this case it was not done. He said that in this case when there was no reference then how the execution took place.
The Chief Justice said the lawmakers have not written in the law (Section 374 of CrPC) that the murder trial can be carried out directly by the High Court (HC). Kasuri argued that for the first time a murder case registered against the sitting prime minister. He said that the trial was conducted by HC because the executive did not want to give an impression to the world that the prime minister is above the law.
Upon that Justice Tariq asked Kasuri that you mean to say that there are separate laws for ordinary people and the prime minister. The Chief Justice told him that you have destroyed your own case by using the word ‘impression. Justice Hilali remarked but the world has condemned this impression (application of law differently).
Justice Hassan said Bhutto was deprived of two opportunities – first the LHC carried out the murder trial directly, and that instead of Division Bench of the LHC, a larger bench (of 5-members) conducted the trial.