ISLAMABAD
\nThe Supreme Court of Pakistan has resumed hearing on a presidential reference seeking to revisit the death of former prime minister and PPP founder Zulfikar Ali Bhutto after a long gap of 11 years.
\nA nine-judge larger bench of the apex court commenced on Tuesday the long-pending presidential reference which was filed on behalf of former president Asif Ali Zardari on April 2, 2011. PPP Co-Chairman Asif Ali Zardari, Chairman Bilawal Bhutto Zardari, Senator Raza Rabbani, Sherry Rehman and other party leaders were present in the courtroom as the proceedings were set into motion.
\nHeaded by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the larger apex court bench consisted of Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali.
\nThe Chief Justice of Pakistan (CJP) informed the court that the nine-judge larger bench was formed after a senior judge opted to stay out of the bench and two other judges recused themselves for personal reasons. The CJP regretted the delay in the fixing of the presidential reference, saying that it \u201cmerits determination\u201d. \u201cThis is the oldest pending remaining presidential reference,\u201d he observed.
\nAt the outset of the hearing, Attorney General for Pakistan Mansoor Usman Awan informed the SC judges that the government wanted to pursue the presidential reference.
\nEarllier in the day, the Supreme Court decided to live-stream the judicial proceedings regarding the hearing of presidential reference. Tuesday\u2019s court proceedings live-streamed on the website of the Supreme Court.
\nDuring the hearing, the apex court noted that the reference entailed constitutional and criminal questions and appointed amicus curiae (friend of court) to assist the Supreme Court on the matter. At the outset of the proceedings, PPP counsel Farooq H. Naek submitted a request in court on behalf of Bilawal, saying that the later wanted to become a party in the reference.
\nThe CJP said the SC could hear Bilawal as a family member and even as a political party. Referring to Bilawal\u2019s plea seeking live broadcast of the hearing, which was filed a day earlier, Justice Isa said the court had decided the same prior to the submission of the application.
\nSubsequently, the judge directed Attorney General for Pakistan (AGP) Mansoor Usman Awan to read out loud the presidential reference and asked who had filed it. The AGP responded \u201cPresident Asif Ali Zardari had filed the reference on the advice of the federal cabinet.\u201d The reference had not been withdrawn by any president to date, he added.
\nThe CJP said \u201cI must regret on behalf of the SC that it was not listed earlier because we have a policy now of first in first out unless there is some urgency in a particular case.\u201d
\nAt one point, the CJP sought details of the counsel representing Zardari to which Naek replied that the then government had appointed Babar Awan as its counsel but the lawyer\u2019s licence was suspended in 2012.
\nThe CJP also remarked that most of the amicus curiae (friend of court) appointed in the case had either passed away or excused themselves, hence the court would consider appointment of substitute amicus and take suggestions regarding the same.
\nAGP Awan provided and read the case record. As he concluded, Justice Mansoor Shah remarked that the first question that needed to be answered was that on maintainability.
\n\u201cYou will have to assist us that under Article 186 what is the question of law, because a decision has been given by the SC and the review has also been dismissed. Now that is the end of the matter. There is finality attached to the decisions of the court, right or wrong. There could be bad decisions passed by the court but they are final. So the question is: what is the question of law that is for us to give our opinion on when the matter is already been settled by the SC,\u201d Justice Shah said.
\nHe further said Article 186 of the Constitution \u2014 which states that the president can obtain the opinion of the apex court on any question of law he considers of public importance \u2014 needed to be articulated before the SC. \u201cPlease concentrate on the maintainability and the constitutional question how do we open this matter if at all,\u201d the judge added.
\nFarooq Naek said three factors needed to be present under the said article: the matter should be of public importance, the question of law is involved and the SC opinion. However, Justice Shah said the apex court was responsible for determining the question of law while public importance was to be determined by the president.
\nThe judge added that the question of law was not pertaining to the judgment and there needed to be more than that, and the president could start sending references and the court would have to revisit judgments, which was not \u201cthe correct way to go about\u201d.
\n\u201cWhat is that noble argument that shows that Article 186 can be invoked in this matter?\u201d Justice Shah stressed. \u201cMr Naek let me take you to what we think your question is, your question is that during a deviation period or any dictatorship, the judiciary is not independent, that is a big assumption that you are throwing at us. You are saying that in any martial law the judiciary is not independent hence this is not a fair trial.
\nYou will have to bring a very strong case,\u201d he maintained. For his part, Farooq Naek said he would try to stick to the argument. The CJP said constitutional questions were involved in the reference and the court would require two kinds of assistance \u2014 constitutional and criminal.
\nHe then asked Senator Raza Rabbani if he would agree to becoming an amicus, for constitutional assistance, in the case. The PPP leader agreed. Justice Isa suggested Justice (retd) Manzoor Ahmad Malik, Salman Safdar, former AGP Javed Khan and Khawaja Haris could be appointed as amicus for expertise in criminal law.
\nThe CJP added that the amicus could provide their submissions in writing. He also stated that family members of Zulfikar Bhutto could engage counsels if they wanted to. At one point, CJP Isa also asked why the case wasn\u2019t listed for 11 years. \u201cThat is for you to answer,\u201d AGP Awan replied, while Naek said his client had submitted numerous requests on the same.
\nJustice Isa then proceeded to dictate the order of the day. He said that the last time the matter was fixed in court was in Nov 2012, but unfortunately, the matter wasn\u2019t fixed in the SC thereafter and remained pending. \u201cSubsequently, many other presidential references were taken up, heard and decided by the court but this is the oldest pending remaining presidential reference. Therefore, it merits determination as early as possible.\u201d
\nThe apex court was also informed that Aitzad Ahsan has declined to become a friend of the court. Farooq Naek cited a statement of Justice (retd) Nasim Hasan Shah \u2013 who was one of the judges to sign Bhutto\u2019s death sentence \u2014 that Bhutto was hanged by the court under pressure.
\nJustice Nasim Hasan Shah had made confession in newspaper and TV interviews decades after he sent Bhutto to the gallows. Justice Isa also issued notice to Geo News for the provision of an interview of Justice Nasim Hasan Shah \u2014 who was a member of the SC bench where the matter was earlier decided.
\nThe hearing was then adjourned till the second week of January. The CJP also hinted that once the reference was fixed for hearing again, it may be heard on a day-to-day basis. In a post on X (formerly Twitter) on Tuesday, Aseefa Bhutto-Zardari said today was an opportunity for the SC to \u201cundo a grievous wrong\u201d. \u201cLet us hope and pray the honourable justices exorcise that shame today,\u201d she added.
\nOn Monday, PPP Chairman and former foreign minister Bilawal Bhutto Zardari filed an application in the Supreme Court urging live telecast of the court proceedings regarding a presidential reference seeking to revisit the death sentence awarded to Zulfikar Ali Bhutto.
\nAsif Zardari had moved the Supreme Court under Article 186(1) and (2) of the Constitution, which empowers the president to refer any question of public importance to the apex court for its opinion. Headed by then chief justice of Pakistan Iftikhar Muhammad Chaudhry, an 11-judge bench held the reference\u2019s last hearing in January 2012.
\nIn March 1978, a four-member bench of Lahore High Court had awarded the death sentence to Bhutto, which was later challenged in the Supreme Court. In a four to three split verdict, a seven-judge SC had bench upheld the sentence during the military regime of the then-army chief Gen Ziaul Haq in March 1979.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD The Supreme Court of Pakistan has resumed hearing on a presidential reference seeking to revisit the death of former prime minister and PPP founder Zulfikar Ali Bhutto after a long gap of 11 years. A nine-judge larger bench of the apex court commenced on Tuesday the long-pending presidential reference which was filed on behalf […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-373989","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n