ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa Monday said that the top court was looking at one person’s honour and seeking to fix the history “as it wants to set a better example” in the presidential reference pertaining to a death sentence awarded to former prime minister Zulfikar Ali Bhutto.
He made these remarks during the hearing of the presidential reference seeking to review the death sentence awarded to the Pakistan Peoples’ Party (PPP) founder. The top court larger bench — led by Chief Justice Isa and comprising Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhel, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali and Justice Syed Hasan Azhar Rizvi — resumed hearing of the presidential reference seeking to revisit the 1979 “controversial” death sentence.
ZAB was hanged to death in the Rawalpindi district jail in a murder case on April 4, 1979. His party, however, termed the capital punishment to their leader as a “judicial murder”.
Former president and PPP Co-chairman Asif Ali Zardari, on April 2, 2011, approached the Supreme Court through a presidential reference under Article 186 of the Constitution to seek its opinion on revisiting the trial of the PPP founder.
During the previous hearing on December 12, 2023, Justice Mansoor raised questions over the presidential reference saying, “The Supreme Court can’t hear another appeal on the matter and how can it rehear the matter that had been closed?”
Today’s hearing
At the outset of the hearing, PPP leader Senator Raza Rabbani told the court that he was representing Sanam Bhutto, Bakhtawar Bhutto and Asifa Bhutto in the case, adding that he has submitted a petition to become a party in the case.
Meanwhile, Zahid Ibrahim, said he was representing Zulfikar Bhutto Jr and Fatima Bhutto.
Amicus curiae Makhdoom Ali Khan in his arguments said that the chief justice had sought the transcript of an interview in the same case. At this, Justice Mazhar said that this reference was based on the interview of former judge Justice (retd) Naseem Hasan Shah.
Justice Mansoor Ali Shah said that the court cannot decide the case just by watching an interview. The court can only give an opinion on legal questions under Article 186, he added.
At this, Makhdoom said later, one of the judges said in an interview that he gave the verdict under pressure. After this, the court played the interview of Justice (retd) Nasim Hassan Shah.
Justice Mansoor Shah said that only one of the judges gave an interview while others — who were part of the bench — remained silent. He further remarked that the only point is that the judiciary was not independent at that time.
Justice Afridi then said that an interview could not decide that the judiciary was not independent at that time. “There were other judges who wrote their notes and dissented,” he added.
At this, CJP Isa said that the ratio of the bench in Bhutto’s case was such that the opinion of one judge was also crucial.
Makhdoom then said the court should reexamine the case if it believes justice was “massacred”.
Later, Justice Hilali said that the court needs to fix the history as this “black spot” is not only on a person’s character but also on some institutions.
The apex court then adjourned the hearing till the third week of February.
