ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Yahya Afridi has said that the late prime minister, Zulfikar Ali Bhutto (ZAB), did not get a ‘fair trial’ in the case which ultimately culminated in a death penalty.
In his additional note on the opinion given by the Supreme Court of Pakistan on the presidential reference related to the former prime minister’s hanging, the CJP has said that under Article 186 of the constitution, the apex court’s jurisdiction is merely advisory, and it could not annul any previous decision.
The judge goes on to say that the reference might not have been filed, but some factors necessitated its filing. “It is necessary to go through some of the points of the former CJP Nasim Hassan Shah’s interview. The pressure exerted on the judiciary in the extraordinary political circumstances of those times affected the provision of justice. It all was in conflict with the notion of freedom of the judiciary,” he has written.
The CJP has said that in that hostile environment, Justice Durab Patel, Justice Muhammad Haleem and Justice Safdar Shah’s difference of opinion with the majority decision was quite courageous. “Although their dissent failed to change the apex court’s decision, still it vindicated the principles of impartiality.”
Justice Afridi has also said that he has read the notes penned down by the ex-CJP Justice Qazi Faez Isa and other judges, who were members of the bench, which heard the reference. “I agree with some contents of Justice Mansoor Ali Shah’s note,” he has said.
“I find myself in agreement with the observation of Justice Syed Mansoor Ali Shah that certain portions of the detailed opinion of the Chief Justice (Qazi Faez) verge on reappraisal of evidence in a case that has already been finally decided by this Court in its adjudicatory jurisdiction, and thus, the same exceed the scope of the inquiry delineated in the Short Opinion that ‘[i]n its advisory jurisdiction under Article 186 of the Constitution, this Court cannot reappraise the evidence and undo the decision of the case’,” the CJP writes.
The nine-member bench of the apex court affirmed that the late Zulfikar Ali Bhutto, the founder of the PPP, was not allowed the opportunity of a fair trial in the infamous murder case.
The bench, in a unanimous decision, declared that injustice was done as Bhutto was denied a fair trial opportunity. “It’s a violation of law and constitution.”
“Zulfikar Ali Bhutto did not get a fair trial and it was not in accordance with the constitutional requirement or due process,” observed the larger bench which announced the reserved verdict.
The court announced the reserved verdict on the presidential reference against the judicial murder of then PPP chairman Zulfikar Ali Bhutto.
The CJP remarked, “We confront our past missteps, infallibilities with humility in a spirit of self-accountability and as a testament to our commitment to ensure that justice shall be serving with unwavering integrity and fidelity to the law.”
He said: “The reference filed by the president of Pakistan has provided us an opportunity to reflect upon the proceedings of the trial, conviction and death sentence of Bhutto under the regime of military dictator Gen Ziaul Haq.”
The question raised was that whether the Lahore High Court’s decision as well as the Supreme Court’s ruling in the murder trial of Zulfikar Ali Bhutto was in line with the fundamental rights guaranteed in the constitution.
The court stated, “The proceedings of the trial by the LHC and of the appeals by SC do not meet the requirements of the fundamental right to a fair trial and due process enshrined in Article 4 and 9 of the constitution and later guaranteed as the separate and independent fundamental right under Article 10-A of the constitution.
“Article 10-A wasn’t part of the constitution, but the principles enunciated therein have always been part of our jurisprudence,” explained CJP Isa.
The court couldn’t give an opinion on the question of whether the conviction leading to the execution of Bhutto could be described as the decision of the SC binding on all courts under the constitution.
The court remarked that the judges were not rendered any assistance on the question of Islamic injunctions, albeit asking their opinion again and again on this matter. “Therefore it would be inappropriate to render an opinion on the Islamic aspects. The court has rendered to give any opinion on this matter.”
Bilawal Bhutto-Zardari who, along with other PPP leaders Raza Rabbani, Farooq H. Naek and Sherry Rehman heard the Supreme Court view, broke into tears. He later spoke to media and said a wrong had been acknowledged after 44 years.
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