Chief Justice of Pakistan Justice Qazi Faez Isa questioned was this case (Zulfiqar Ali Bhutto judicial murder case) not an opportunity for both institutions — Armed Forces of Pakistan and the Supreme Court — to get rid of the accusations against themselves.
“Martial law is not imposed by the army as an institution. Some people act as individuals. Sometimes there has to be a new beginning, so isn't this an opportunity? Isn't it an opportunity for institutions to be indifferent to them by putting the blame for wrongdoings on the same individuals? Chief Justice remarked.
“We are living in the past and history is not good,” Chief Justice remarked.
Chief Justice of Pakistan Justice Qazi Faez Isa remarked and questioned could we ignore the "Elephant in the room — martial law" in ZAB case as the one who abrogate Constitution had an interest in this matter.
“A court established under martial law cannot be regarded as a general court,” the Chief Justice said
Justice Mansoor Ali Shah inquired was the oath taken under the PCO at that time, to which, Makhdoom Ali Khan replied in affirmative.
The bench included Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali.
The presidential reference was filed in April 2011 by former president Asif Ali Zardari,Bhutto’s son-in-law, to review a 44-year-old death sentence. The reference sought a review of the death penalty, awarded 4-3 by a seven-member Supreme Court bench in February 1979, which was later implemented when Bhutto was hanged in April 1979.
On December 123, 2023, after more than 11 years, the nine-member larger bench of the Supreme Court headed by Chief Justice of Pakistan Qazi Faez Isa heard the presidential reference filed in April 2011 against the death sentence awarded to former prime minister Zulfikar Ali Bhutto. The CJP dictated the verdict of last hearing and adjourned the case hearing till January 2024.
Chairman PPP Bilawal Bhutto Zardari along with Raza Rabbani, Faisal Karim Kundi, Sherry Rehman, Sarfraz Bugti, Nadeem Afzal Chan and Farooq H Naik were present during the case hearing at Supreme Court of Pakistan.
The Supreme Court of Pakistan (SCP) adjourned the hearing on the presidential reference against the execution of the Zulfiqar Ali Bhutto (ZAB) reference till February 26.
Iftikhar Ahmed's interview
CJP asked what did Naseem Hasan Shah said in Iftikhar Ahmed's interview and where did him said in the interview that he was pressured to make a decision.
“Naseem Hassan Shah said that we could have got the benefit of the doubt, but there were weaknesses of judges and even Yahya Bakhtiar made us angry,” to which CJP Isa asked how could a lawyer be accused of whole case.
“If he (lawyer Yahiya Bakhtiyar) had offended, Justice Naseem Hassan Shah would have stopped hearing the case or would have done justice. We also get angry many times, but definitely not effect it on the decision of the case. The client should not be punished for the lawyer's conduct,” CJ said.
Debate about pressure on Justice Naseem Hassan Shah
Makhdoom Ali Khan said: “Biasness is almost impossible to prove,” to which CJP Isa questioned the case before the bench was one of prejudice or the confession of a former judge.
“Part of the judge's interview is an admission of bias,” Makhdoom Ali Khan said to which, “Will this be called an admission of bias or an admission of wrongdoing.”
Lawyer Makhdoom said: “In the interview, word pressure was used,” to which CJP Isa remarked if there was pressure, either he would not take pressure or I would leave the bench.
Justice Jamal Mandukhel remarked shall the bench look at every decision given during the martial law era as there were already enough cases in the SC, adding that, parliament also ratified the martial law decisions.
CJP Isa said: “If the verdict came in the Zulfikar Ali Bhutto case was unanimous. The statement of the judge would not have mattered but in this case, the opinion of one judge also has practical implications for the decision.”
Justice Musrat Hilali remarked: “Can Bilawal Bhutto and Zulfikar Junior be ordered to pay Qisas.” The lady judge remarked example of Zulfikar Ali Bhutto case was not given in any criminal case.
“The real question is public trust in the judiciary. Zulfikar Ali Bhutto case is unsafe decision. My opinion is that the judicial decision should be given without any pressure.
Justice Jamal Khan Mandukhel questioned was there external pressure in the Zulfiqar Ali Bhutto case to which judicial assistant Makhdoom Ali Khan said the record mentioned in Mirza Aslam Baig's book showed that.
Chief Justice Faiz Isa remarked: “Our main focus is on the constitutional aspect.”
Makhdoom Ali Khan apprised the court that judicial assistant Khalid Javed Khan is sick and would appear in the next hearing. Former judge Asadullah Chamkani also appeared in the court as a judicial assistant
“You are an expert in criminal law, will hear you in the second stage,” CJP Isa remarked. Judicial assistant Salahuddin also appeared in the court
“In the Maulvi Tamizuddin Khan case, the Supreme Court took a point of view,” Makhdoom Ali Khan said, to which, Justice Mansoor remarked: “The real question is whether the process was properly followed in the court proceedings or not.”
HC hearing murder case
“Is this the only case in which the High Court directly heard the murder case,” Chief Justice asked, to which Makhdoom Ali Khan said there were no other such case in the reported cases but perhaps there could be.
“Darab Patel had said in the interview that this should not happen,” Makhdoom Ali Khan apprised the court, to which, Chief Justice remarked: “Justice Darab Patel was part of the bench which unfortunately unanimously dismissed the revision.”
Chief Justice of Pakistan Qazi Faiz Isa while giving remarks in Zulfiqar Ali Bhutto judicial murder case asked Makhdoom Ali Khan to give some basis as the judicial assistant was not talking much about martial law.
“It is about the public perception that exists regarding the case. Decades later in 2023, the prime minister spoke about this case in the National Assembly,” Makhdoom Ali Khan said.
“I am very disturbed by martial law. If we stop this, everything will be fine. In martial law, the judges are selected,” the Chief Justice
“Justice Naseem Hasan Shah said in an interview that Zulfiqar Bhutto's lawyer did not argue for reducing the sentence,” Makhdoom Ali Khan said.
“Can a judge reprimand a lawyer on appeal against conviction in a criminal case? Why did Bhutto's lawyers plead for reduction of sentence instead of suspension of sentence? Even if there is no request to reduce the sentence in the appeal, the judge has to look at the delivery of justice,” CJP Isa said.
“Was this the first case in the history of Pakistan in which the trial High Court took away the right of an appeal? Can the death penalty be given in the ratio of four to three? I think we have to look at the facts of the case,” Chief Justice said while asking for lawyer judicial precedents from the judicial assistants.
At one time of the hearing, Justice Mansoor Ali Shah asked didn’t the dissidents in ZAB case have to leave the country later, to which, Justice Mansoor Ali Shah replied Justice Safdar Shah had to leave the country.
“Are there any interviews or books by those who disagree with the death penalty,” Justice Mansoor Ali Shah inquired, to which Makhdoom Ali Khan apprised the bench, “An interview of Justice Darab Patel is available on PTV.”
“That interview is not on YouTube but PTV has it,” Makhdoom Ali Khan. “The book collected interviews with various judges. “Naseem Hasan Shah said that Mushtaq Sahib was unhappy with Bhutto for ignoring eight senior judges and making Justice Aslam Riaz the Chief Justice,” Makhdoom Ali Khan apprised the 9-memebr SC bench.
Sheri Rehman said: “PPP was waiting for the hearing on this reference for years. Zulfiqar Ali Bhutto was judicially murdered in the dead of night. Benazir Bhutto also died fighting against terrorism.” Nadeem Afzal Chan pleaded: “Negotiations on government formation are going on but nothing is final yet.”
Bilawal Bhutto says history needs to be corrected in ZAB case
Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari pinned hope justice would be served to the grandson of the Zulfiqar Ali Bhutto as the daughter of former PM Benazir Bhutto unable to get the justice from the courts.
“Thanks to Mr. Asif Ali Zardari for sending the reference as President,” Bilawal said while talking to the media person outside the SCP.
"I am seeking for justice but no revenge. Courts must correct the history about judicial murder of Zulfiqar Ali Bhutto case. Bhutto's judicial assassination took place during the dictatorship. Hopefully the judiciary will give us justice and the stain will be washed away. Hopefully this presidential reference will help in documenting history,” Bilawal said.
