The Supreme Court on Wednesday adjourned the hearing of presidential reference, filed for revisiting Zulfiqar Ali Bhutto case, for an indefinite period on the request of Attorney General of Pakistan (AGP), who sought more time to prepare arguments with reference to questions of law.
An eleven-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, was hearing the presidential reference praying to revisit ZA Bhutto case. During the course of proceedings, the bench asked the AGP to assist the court on the questions of law to arrive at a decision in accordance with the constitutional provisions. The Chief Justice said: "By exercising his right, president has filed the reference and now it is our duty to look into the matter and arrive at a right conclusion."
In his submissions, the AGP said that fundamental rights were violated and fair trail was denied to ZA Bhutto, adding that the death warrants of the former prime minister were repeatedly issued and the execution also took place in violation of the rules and regulations. The CJP remarked that the bench was thankful to President Zardari for sending the reference to SC but at the same time reputation of the court was at stake, as entire world was observing the reference proceedings. However, the bench observed that the questions raised in the reference would be responded.
The bench also observed that relevant provision of law must be focused while answering the questions of the reference, adding that the court needs assistance on implication of Article 189 of the Constitution of Pakistan. "We need a lot of assistance in the case so the AGP should produce the relevant law," the Chief Justice asked the AGP.
The CJ categorically remarked that the case was not of an ordinary person but a man of international repute whereas the case would not be decided in a haphazard manner. The Chief Justice maintained that not only the world's renowned jurists had criticised the trial of ZA Bhutto but also the judgement had never been accepted by the general public. He added that the AGP was not providing the kind of assistance in the case, which the court was expecting. The AGP was asked to remain focused on the constitutional points besides making a comparison of Article 186 of the constitution with the constitutions of other countries.
Advocate General of Punjab Khwaja Haris informed the bench that the complaint dated July 30, 1977 submitted by Ahmad Khan Kasuri which revived the cases against Zulfiqar Ali Bhutto could not been traced yet, however, he said that efforts were underway to locate it from the Lahore High Court. The CJ directed the office of the SC to locate the complaint received from the Lahore High Court from its own record and submit the report. The Chief Justice then adjourned the hearing for an indefinite period on the request of the AGP as well as non-availability of some amici curiae.
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