A reference filed by President Asif Ali Zardari to revisit the case of Zulfikar Ali Bhutto was challenged Friday in the Supreme Court. Tariq Asad advocate, the petitioner, requested the apex court to initiate contempt of court proceedings against former Chief Justice Naseem Hassan Shah for his reported admission that he pronounced the judgement in ZAB case under pressure.
The petitioner submitted that after a judgement in criminal case attains finality, a constitutional reference under Article 186 can not be filed in Supreme Court invoking its advisory jurisdiction. Filing a constitutional reference after 30 years despite having an order in the review petition is tantamount to deliberately scandalising the court and ridiculing it in the eyes of public, the petitioner said.
Tariq in his petition pointed out that according to the president, Naseem Hassan Shah admitted in print and electronic media that the verdict against Bhutto was a judicial murder which motivated President Zardari to file a reference. He (Naseem Hassan Shah) gave very irresponsible statement and his conduct is in violation of oath and code of conduct of judges.
Therefore, Tariq Asad prayed, he should be tried for contempt of court and his case should also be referred to the Supreme Judicial Council to disqualify him from his position. The benefits being allowed to Naseem Hassan Shah should be withdrawn immediately and his photographs adorning various court rooms of the apex court should also be removed. The petitioner has made the former chief justice Naseem Hassan Shah as respondent in his petition.