ISLAMABAD: Justice Manzoor Malik, a former judge of the Supreme Court, stated that malice in Zulfikar Ali Bhutto (ZAB) murder case is not only clear, but is floating on the surface of the case, and it is not the case of biasness but of dishonesty.
A nine-member SC bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali, on Tuesday, heard the presidential reference.
Former Justice Manzoor, who appeared before the bench as amicus, asked its members; “You are here to do complete justice not only to the public, but to history.” He said under Section 526 CrPC the case of death sentence is not transferred to the High Court. However, the trial of Bhutto was conducted by the Lahore High Court (LHC), and thus right of appeal was denied to the accused.
The Court noted that even if a bench of the LHC in the Bhutto case acted as the trial court, then the other bench of it should have heard the appeal against its judgment. Justice Tariq observed that the execution (of Bhutto’s death sentence) was illegal because the death sentence was not confirmed by the High Court.
He said it is very strange that the four judges of the Supreme Court approved the death sentence, awarded to Bhutto, by five judges of the Lahore High Court. The Supreme Court in appeal had passed the judgment by a majority of 4-3.
The chief justice inquired from Justice Manzoor that in the judicial history of Pakistan whether there is any case that had been tried by the High Court directly. Justice Manzoor stated in India which is five times bigger than Pakistan there is no such precedent. Upon that, Justice Mansoor remarked it is because there was no Martial Law there.
Justice Manzoor responding to the CJP query said in Pakistan there are two cases – Gohar Ayub and Amir Mohammad Khan – where the trial was directly conducted by the High Courts. He informed the bench that in one of his applications, filed before the LHC, Bhutto stated, “it was not trial of murder, but the murder of trial”.
The retired judge gave a detailed briefing about the case. He said an FIR against the murder of Nawabzada Muhammad Ahmed Khan Kasuri was registered at the Ichra Police Station regarding firing on Ahmed Raza Kauri’s car between the night of 10-11 November 1974.
In that incident, Kasuri’s father who was in the car sustained bullets and died. The ex-SC judge stated that the FIR was filed against unknown persons, adding Zulfikar Ali Bhutto was not named in the FIRs. The investigation of case was closed on 1st October 1975 because police found nothing to proceed further in the matter, therefore it filed a report, which was signed by the DSP and SP, before the magistrate of the area, who agreeing with the findings of the investigation officer ordered that the case be consigned to record.
Justice Tariq noted that this order was not challenged by anyone even today. “This shows the biasness.” Justice (retired) Manzoor replied he would not use the word of bias, as this was “dishonesty”.
The former judge stated that there is nothing on record whether the magistrate’s order was recalled or set aside by the higher court, and there is also no written order regarding the reinvestigation of the case.
Justice Manzoor said there were seven accused in the case, including Masood Mehmood and Ghulam Hussain, but they later became approvers. The other accused - Sufi Ghulam Mustafa, Iftikhar, Arshad Iqbal, and Mian Abbas were hanged in the case. The prosecution produced 41 witnesses, but no one appeared as a witness from Bhutto’s side, as he had boycotted the proceedings.
He stated that it was not clear on whose order and how the case was reopened. However, he said on 11-09-1977 an incomplete challan was prepared and on 12-09-1977 it was submitted before the Sessions Court, and the same day it was transferred to the LHC. But it is not known how the case went to the LHC, he added.
Justice Manzoor said there is no application on record for reinvestigation of the case or to set aside the magistrate’s order, adding to reopen the case someone must approach the magistrate on the basis of new evidence. He said according to the record, on 08-08-1977 ASI Muhammad Bota said that FIA was carrying out an investigation regarding the matter. He said the investigation in the FIR started on 24-07-1977 but the record was taken on 08-08-1977.
The ex-SC judge said that there is no provision in the Federal Investigation Agency (FIA) Act, 1975 that the case from any agency or police, probing the matter, can be transferred to the FIA for investigation. He said that according to the statement of IO he had not come across any order for reinvestigation, but he was (verbally) directed by the DG FIA.
Copyright Business Recorder, 2024
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