The Supreme Court was on Tuesday was informed that Federation intended to move the presidential reference for revisiting Zulfikar Ali Bhutto case within the ambit of Article 186 of the Constitution of Pakistan whereas the court observed that the case could be reopened in the trial court if there was any fresh evidence.
An eleven-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing presidential reference to revisit the death sentence case of former Prime Minister Z.A. Bhutto. Attorney General for Pakistan Moulvi Anwarul Haq will commence his arguments on Wednesday (today) before the bench after which provincial Advocate Generals would complete their arguments and finally the amicus curie will go for the arguments in the case.
During the course of hearing the Chief Justice said in his remarks the court would reach the correct decision in the reference and set a good precedent. Completing his arguments in the reference, counsel for the Federation Dr Babar Awan said that the trial of Zulfiqar Ali Bhutto was vitiated by bias where a fair opportunity was not given to the former prime minister to defend his case.
Awan added that despite denial of fair trial, ZA Bhutto fought for justice but did not ask for pardon. He also cited a number of cases from different countries wherein the judiciary not only reopened the cases but also overturned judgments.
Babar Awan said the presidential reference in which questions of law have been raised also seek the apex court's intervention since no due course of law was followed in Bhutto's trial.