LHC dismisses plea seeking retrial of Zulfiqar Ali Bhutto murder case

The Lahore High Court, after seven years' hearing, has dismissed a petition seeking retrial of former prime minister Zulfiqar Ali Bhutto murder case, who was hanged in 1979 on court orders.
The petitioner requested for retrial under the extenuating circumstances having come to the surface in support of proving the innocence of Bhutto.
The petition was filed by Javaid Iqbal Jafree in 1996 on behalf of the people of Pakistan asking the court to set aside conviction of Bhutto and strike down Section 369 of CrPC, which restrains courts from altering its own judgement unless an error or clerical mistake is committed therein.
The petitioner contended that the new trial of the conviction of Bhutto would reveal the true story of his death. He also said that Section 369 is unconstitutional and un-Islamic, as no court should be barred from reviewing its own judgement when some illegalities are committed.
On the other hand, the Advocate General Office objected the competency and maintainability of the petition.
The court in its verdict observed that Bhutto was awarded death sentence after conducting trial by a five-member bench of the LHC on March 13,1978 and same was upheld by the apex court in its appellate jurisdiction on July 6,1979 and a review petition was also decided by the Supreme Court on the same date.
As the case was decided by the Supreme Court, therefore, there remains no scope for any other court to consider and examine the case. The SC had conferred finality to the adjudicative process and disposition, the court said.
The petitioners in that case had invoked and availed of all legal remedies, therefore, no such occasion arises to judge the legality and verity of the judgement.
The court held that Section 369 CrPC is an appropriate legislature, which cannot be struck down as the provision of law could not be declared unconstitutional merely on the ground of propriety.
The court said that only the legislature has the power to amend and revoke the laws. The court said the petition is misconceived and, hence, it is dismissed.