Chief Justice Qazi Faez Isa says there are problems in judgment delivered in ZA Bhutto death sentence n Don’t create precedence that second review can be filed: Justice Mansoor

ISLAMABAD  -  Chief Justice of Pakistan Justice Qazi Faez Isa Tuesday remarked that can’t this case be catego­rised to provide an opportunity to vindicate the Armed Forces, and the judiciary, as the Martial Law was imposed in the coun­try not by the institution, but by an individual.

A nine-member SC bench, headed by the Chief Justice 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 Tuesday conducted hearing of the Presidential Reference. He said, “Isn’t this an opportuni­ty for both institutions (army and judiciary) to get rid of the accusations hurled against them,” “This is the beginning of new phase in the chequered history of the country,” said adding that there are some problems in the judgment, de­livered in the Zulfiqar Ali Bhu­tto death sentence, as pointed out in the Justice Shafiur Reh­man report. The chief justice said that does it not heal the wounds of the nation, does it not enhance the reputation of the armed forces and the in­stitution as blaming only the individuals. He said that in the judiciary there are also some judges as due to their orders/judgments the institution is criticised. It is not the institu­tion, but the individual in ev­ery organisation.

Justice Mansoor asked Makhdoom don’t create pre­cedence that the second re­view can be filed. He said that the counsel has opened nar­row door to re-examine the apex court judgment in the ZAB death sentence. Justice Mazahar asked from Makh­doom that do you want to say that the judges, who award­ed death sentence to Bhutto, were not independent, biased and were dictated.

Justice Mansoor said in this case we only have the inter­views of former chief justice Naseem Hassan Shah, Justice Dorab Patel, and Justice Aslam Riaz and the books written by ex-CJP Naseem Hassan Shan, ex-COAS Aslam Beg and Gen­eral (retd) Faiz Chistti. He said should we not hear those per­sons against whom the allega­tions are being levelled.

The bench inquired from the counsel that you want­ed to say that all those cases decided during the period of PCO or the Martial Law should be thrown out. The Chief Jus­tice said that the main issue is from whom the prosecution had taken the instructions for Bhutto’s death sentence case.

Justice Mansoor said that conceptually it is right that the injustice was done. He, however, questioned how the Court can correct the injus­tice, “what are its threshold as we are not looking at the mer­it of the case and the princi­ple, but only see the process?

Justice Jamal inquired whether the Parliament can annul the judgment of the Su­preme Court. Makhdoom re­plied that it has been done in the cases of Molasses and the Shamraiz. Upon that Jus­tice Jamal asked whether the Court can give opinion to the President to take this matter to the Parliament. Justice Mu­sarrat questioned that if the Court considers it (Zulfiqar Ali Bhutto sentence) as mur­der then as remedy can this Court say that Bilwal Zardari Bhutto and junior Bhutto can claim for Qisas. Makhdoom said that the remedy is not al­ways tangible, but it for dig­nity and the reputation. Jus­tice Mansoor said according to the paper submitted by Ya­sir Qureshi, who is nominat­ed as amicus in this, that here are also other venues to recti­fy the wrong, i.e. to constitute a National Truth Commission as was set up in Brazil. Jus­tice Jamal said it will close the door and stop the future in­tervention. He noted that the window available to the Court under Article 186 is very nar­row, as the appeal and the re­view have already been dis­missed by the apex court.