LAHORE The PPP proposed reference to the Supreme Court to get murder case against former prime minister Zulfikar Ali Bhutto reopened for trial is going to be a unique event in the state history. The reference, which cannot be made by a private person, has to come through the President Asif Ali Zardari on the advice of the Prime Minister to the Supreme Court to get the case reopened for trial. In view of the jurists, under the Constitution the executive may send any matter to the SC for its opinion which primarily relates to its functions and wherein it got stuck up for any legal reason. But it is unprecedented that the government intends to approach the judiciary to seek opinion of the Apex Court on the question of reopening a decision which stands decided through the review petition even. The jurists take the issue variously on the legal plain. At the same time they do not overlook the political significance of the same for the PPP and its government which is up against assorted challenges at the moment with voice of mid term elections on the rise. Former Speaker of the National Assembly and senior jurist, Ch Ameer Hussain admits constitutionality of sending reference to the SC however not closing his eyes to the political benefits which may be in the mind of the PPP leadership given the current political situation. He says political people mostly have their political interests even in legal matters. Without prejudice to the government intentions, Ch Ameer says Benazir Bhutto was twice elected prime minister and had ample opportunity to seek retrial of the murder case against her father, but she did not opt for it. On the legal plain, he says, the SC may deal with the matter on 'executive side to give a 'yes or 'no answer to the reference which however would carry the reasons and grounds on the basis of which retrial would be sought. The Court may not take the matter on the judicial side, in the even to which, it may prejudice the trial, he opined. He said it is for the SC to determine whether a Full Bench or a Full Court has to hear the reference and how long it would continue. Former president SCBA and senior jurist Muhammad Akram Sheikh while taking a different view says, the constitution does not provide for sending such a reference to the SC and if the SC has to entertain the same, the parliament would need to amend Article 188 of the Constitution which deals the review power of the Court. Akram Shekh says in his view the question going to be put before the Court is not competent in terms of the Constitution. Muhammad Azhar Siddique advocate discerns malafide of the PPP government in the matter and says by means of sending a reference, the government intends to pit the judiciary and the people against each other in a situation when the Court is going to take up contempt of court matter against two of its leaders from Sindh. He says there is no room for sending a reference on the question under consideration before the government and adds, if at all the Bhutto murder trial has to get reopened it could be done by SC under Article 183(4) of the Constitution as a case of public interest. He says the SC invalidated the Musharraf emergency of November 3, 2007 notwithstanding the fact the matter stood concluded even through review. So that precedent may be called up if at all Bhutto case has to be retried, but the Court would need to first determine whether or not it merits reopening as a public interest case.