SC issues notice to Kasuri in ZAB case

ISLAMABAD In ZAB reference case, Supreme Court of Pakistan Monday issued notice to Ahmed Raza Kasuri on whose instant complaint the FIR 402 against Zulfikar Ali Bhutto was registered. An 11-member larger bench, headed by Chief Justice Iftikhar Muhammad Chaudhry heard the reference, which was filed by the federation under Article 186 of the constitution for revisiting Zulfikar Ali Bhutto case. The court questioned that why this court has to touch some of the questions of the facts in view of the questions formulated for the opinion of this court and the material evidence to substantiate is likely to be undertaken. Dr Babar Awan, counsel for the referring authority (president), pleaded: It was not a trial of a murder but murder of a trial. Awan alleged that the arrest of Mahmood Kasuri became the starting point of Zulfikar Ali Bhuttos killing. He said Bhuttos prosecutor Farooq Behzad had also accepted that ZABs death was a 'judicial murder. The chief justice told the counsel to understand the implications of the relief he was seeking and said the court could only go so far as to say that the trial was not fair. He said the court will also take suggestions from judicial assistants as the decision would set an example in the countrys judicial and national history. The court inquired from Babar Awan whether it would not be necessary that the original complainant, whose father Nawab Muhammad Ahmed had been killed on Nov 11, 1974 in Lahore, be granted an opportunity to appear before the court in this case. Before the court break the chief justice asked the amicus curiae, attorney general for Pakistan and advocate generals of all the provinces to discuss that issue and give their opinion. After the break, Aitzaz Ahsan, one of the amicus curiae, informed the court there was consensus that notice should be issued to Kasuri. Abdul Hafeez Pirzada, another amicus curiae, said Bhuttos trial was vitiated due to bias, adding the notice to Kasuri was essential. Pirzada maintained that bias in the judgments of the high court and the supreme court in ZAB case was apparent from the record. He also requested the court to hear the case in exercise of its suo moto jurisdiction and not under Article 186. The chief justice remarked that PM had advised the president to send the reference. He further said if the court hears this case on sou moto basis, other people whose dear ones were murdered would approach the apex court for reopening cases. The CJP remarked that the court has to give its opinion under Article 186. The chief justice further observed the court could not declare anyone innocent or guilty in the case but could give its opinion under the said Article. Ali Ahmed Kurd asked as to why Shahid Orakzai has been issued notice in this case as intervener. Justice Jawwad S Khawaja clarified that though Mr Orakzai has filed the petition in the case, but so far no notice has been issued to him. The hearing of the case was adjourned till January 2, 2012.