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ZA Bhutto case: CJP tells Awan to come prepared
Babar Awan resigns from ministerial post to argue case; hearing adjourned till Thursday.
ZA Bhutto during his days of incarceration under the reign of Gen Ziaul Haq. PHOTO COURTESY: PPPUSA.ORG
ISLAMABAD:
Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry asked Federal Minister for Law Babar Awan to come prepared for a detailed hearing of the Zulfiqar Ali Bhutto case, after Awan presented his resignation to plead the case on the court’s directives.
A three-member bench of the Supreme Court (SC) adjourned the hearing of the presidential reference which was submitted by the law ministry after it was signed by President Asif Ali Zardari earlier this month, until Thursday.
The apex court also asked to appoint 10 more lawyers to help in the case which is being dubbed as the re-trial of the century.
Around 50 parliamentarians of the Pakistan Peoples Party (PPP) were present in the court.
Speaking to the media outside the court, Awan said he did not believe in the politics of revenge and that there was a need to purge the country of injustice.
He said that the PPP had been struggling for 32 years to bring those involved in the case to justice.
Updated from print edition (below)
ZA Bhutto case: PPP gears up for ‘retrial of the century
As the country braces for what could be a tumultuous reopening of one of the darkest chapters of its history, the government has appointed Law Minister Dr Babar Awan as the lawyer for Zulfikar Ali Bhutto’s retrial case which starts today (Wednesday) in the Supreme Court of Pakistan.
An expressive Awan pledged that he will quit from his ministerial post if it becomes a hurdle in the way of his pleading the case, which he dubbed the “(re)trial of the century”. Receiving written orders from the authorities, Awan was on Tuesday officially notified by the law ministry as the legal representative to appear before the apex court today.
President Asif Ali Zardari had sent a reference last week seeking the retrial of the ZA Bhutto case, which culminated in a long-debated guilty verdict over three decades ago – ultimately resulting in the hanging of the country’s first elected prime minister in 1979. The presidential reference contended that the late party chairman was not given justice and that the courts today should correct this.
The Pakistan Peoples Party government is throwing its entire political weight behind the case, and is set to pull all stops to demonstrate how important the matter is to them.
Awan is to be assisted by the attorney general and deputy attorney generals, secretary law Masood Chisti and a number of other lawyers.
In a late-night meeting at the Prime Minister House, it was also decided that a total of 60 high-level leaders will accompany the law minister to the Supreme Court building. The leaders will include federal ministers as well as representatives from the Senate, National Assembly, the four provincial assemblies and Gilgit-Baltistan.
The contingent of 60 leaders will gather for breakfast at the Parliament House on Wednesday morning, from where they are to march towards the Supreme Court building. For this purpose, the leaders have already arrived in Islamabad. Those that are expected to turn up for proceedings of the case will include Chairman Senate Farooq Naik, Speaker National Assembly Dr Fehmida Mirza, Chief Minister Sindh Qaim Ali Shah, Chief Minister Balochistan Lashkar Raisani and Speaker Sindh Assembly Nisar Khuhro.
Talking to The Express Tribune, Law Minister Dr Babar Awan confirmed his appointment as lawyer in the ZA Bhutto case. “Yes, I have been conveyed this officially, and will file the papers [to this effect] in the court on Wednesday”.
When questioned how he could fight the case as the serving law minister, Awan replied that he would inform honourable judges that the president, who had sent the reference, had now appointed him, but added that, if anyone raised objections, he would immediately tender his resignation from his post.
“For me, it’s a great honour to be the lawyer of ZAB in his retrial [as compared to] staying a federal minister, because it’s the trial of the century”, said Awan emphatically. He recalled that ZA Bhutto’s daughter, the late prime minister Benazir, had once said to him that the case’s verdict might have been different if he (Awan) had contested it.
“You don’t just defend your client, you actually wage war for his or her right in the courtroom”, Awan quoted Benazir as telling him during one of her case hearings in the mid ’90s.
Sources privy to the consultations in the lead-up to the case said that there was plenty of discussion on who should be sent to the court to fight the case, which is being given tremendous importance by the ruling party. The top leaders, including the president, are said to have chosen the name of the law minister Awan – who had actually penned the presidential reference.
“Whether the ZAB case should be reopened or revisited – this is the question which will be raised in the Courtroom No 1 today,” said a senior lawyer.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry is to take up the case. Justice Muhammad Sair Ali and Justice Ghulam Rabbani are the other members of the bench.
Law Ministry sources told The Express Tribune that the government legal team is likely to point out the statement of Justice (retd) Nasim Hassan Shah, who reportedly confessed that there was immense pressure on judges who awarded death penalty to ZAB.
(With additional input by Zahid Gishkori)
Published in The Express Tribune, April 13th, 2011.
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All this is being done to escape NRO verdit. A gang of corrupts trying to hide behind the shadows of this case.Recommend
Aside from the case, which was a dark history in Pakistan, here are the constitutional, legal, and ethical issues:
Can the Highest court of the land revisit its verdict on the SAME case ?
Will it not be biased in hearing the same case in protecting its honor ?
The PAK gov was the prosecutor in that case, and she got her verdict as per prosecution.
Why is the prosecution complaining? And how can prosecution prosecute against its own case?
Who is the defendant here, PAK gov or PAK supreme court?
If PAK gov-ministry of law is the defendant, then who is the prosecution-PAK gov-ministry of law or SC ?
If SC is the defendant, since it gave the verdict, how can it be the judge and jury?
Whomever the PAK is eventually prosecuting, by asking the SC to reopen the case, the PAK Gov is prosecuting itself, which is unheard off in legal systems
The credibility of information that comes out and/or does not come out is questionable due to the above listed conflicts. And so is the verdict either reversing or reaffirming the original verdict- the fruit of original sin doctrine
There are other legal and ethical challenges. Is the president, by virtue of his family ties, biased in reopening the case? If so, then is he violating the constitutional privilege of the office?
What is going to be the impact of this case in future? Every SC decisions will be challenged by the Presidents office? Will the president also ask the SC to reopen a capital case for every Tom, Dick and Harry in PAK based on this precedence?
The SC verdict is the final say in a Constitutional system, however biased, and politically motivated that case may be
A typical case study on ethics, and law and conflict of parties involved.
The law minister is right. It is the trial of the century !Recommend
seriously whats the use now… Move on!!! Mr. Zulfiqar Ali Bhutto was hanged 32 years ago… this stuff is just a mere chapter of Pakistan’s history !!!
our country Pakistan has more pressing issues like terrorism, prices sky-rocketing, water/electricity/gas problems!!
need i mention more??Recommend
It is interesting to see so many people are hell bent in hiding the truth. So much opposition and excuses for not letting the truth come out. It is a fact that two people started Pakistan’s nuclear program. ZAB was hanged by the army generals and Dr. Khan was treated by another general worse than a dog. There are others who has worked on this program but they have disappeared like many Baloch from their homes.
What is the harm in finding the truth? Why should we not find the truth that who killed the democracy in Pakistan and sowed the seeds of Islamist fanaticism? Grow up and face the truth for a change.
Mirza, USARecommend
Its really good that Bhutto case is being revisited. I hope that judiciary will hear the case keeping aside its prejuice and bias against PPP. I want to make a correction that in this article its stated that Lashkar raisani is the CM of Balochistan which is incorrect. Nawab aslam raisani the elder brother of Lashkari Raisani is the CM.Recommend
@Mirza:
I was reading some old archives. my theory:
ZAB after E.PAK fiasco, became very nationalistic and want to really improve the country.
Since no E.PAK money, he nationalized the banks for domestic spending.
Major one, Land reform.
This changed the dynamics of rich feudal class influence.
Coup
Zia reverses the land reform , all systems back to square one. USSR invasion in Afghanistan bonus to Zia.
Democracy destroyed.
Who destroyed democracy in PAK? From Zia’s time onwards, it is the Army.
From 1947 – E. PAK – the religious and ethnic fever of a newly formed country that did not allow institutions to develop.
The army of Ayub Khan regime was not bad, old school in tune with aspirations of new country.
Outside influence in disrupting PAK – None. Recommend
Is Bhutto the only one who was hanged by the neck? He was hanged over three decades ago! If PPP wants to do some real good, it should see that those who have been wrongly acquitted in the recent years are let go; the judicial process is improved to ensure speedy justice to the common man. PPP has done everything it could to make the life of a common man miserable and now they are again playing the Sindh card to divide the nation just so that when they are ousted, they can argue that they have been the victim. Recommend
Why can’t they made these army generals accountable to the justice?? Recommend
@John:
Bhutto was the first elected Prime Minister of this country, and the most popular leader, Pakistan has ever produced. But every Tom Dick and Harry considers him to be intellectually capable of commenting on this matter. And to say the least it is completely an internal issue. You just don’t worry about the defendants and complainants. They are all Pakistanis even if they were playing in the hands Americans at that time.Recommend
If that is the case, then Fall of Dhaka should also be re-trialed.Recommend
If this re-opening of the case brings bread on the table of needy, helps alleviate poverty, creates jobs, improves the power crisis and brings peace, we should do it right away. If it does not, why are we wasting all this time and effort.
This is the trial of the century for the government coz on the backing of this, they will seek re-election. First they will exhaust the ZAB card, then they will reuse the BB card and perhaps bring ZAB back into the picture as a leader of stature greater then Jinnah and Iqbal.
Though the fact remains Bhutto devalued currency more then a 100% in one year (dollars jumped from Rs.4 to Rs.9) in his first year of power. Nationalization is probably the ugliest national policy chapter in our history and was done by the same person. So basically we are not trying to redeem a saint. And for all champions of Democracy, Bhutto was the first Civil Marshal Law Administrator in the history of politics. Recommend
Seems like we have resoved all other issues such as; power, gas, terrorism, lawlessness, and zillion more – that’s why this issue has become so important. Why do we want to become a laughing stock in the eyes of the whole world (there is already enough stuff for the world to laugh at us). The other issue of emphasis is that we are trying to change the history of the country now by proposing things like removing Musharraf’s and Zia-ul-Haq’s name from the list of country’s president. Not that I am a supporter of these dictators but it is sad the way things are being prioritized. Shame on our leadership!Recommend
Mirza…no BS here…the Nuclear Program was wasnt just about ZAB and Dr. Qadeer…Dr. Muneer, Dr. Mand and so many unsung heroes always neglected while we create legends out of the first two!Recommend
another way of wasting taxpayers money… i think more interesting and beneficial would be to find out about the BB’s killer instead 32 years old dead case.Recommend
@Mirza: It’s not as much that ‘people are hell bent in hiding the truth” as it is the fact that nothing is ever solved or determined in this country. Just like the Hamoodur Rahman Commission Report sat in Mr. Bhutto’s closet for years and then in the military’s bunkers, the conclusions of this re-trial will also be inconclusive. Everyone already knows that Mr. Bhutto’s execution was wrong and it was a judicial murder by Zia’s military regime. No need to discover the obvious. People are against this re-trial because they know the facade for what it is: an attempt to avoid dealing with the real problems of the country and waste people’s time in a fictional exercise whose finale will have no impact on anyone. The man has already been hanged unjustly, at least for this stated crime. And there are no survivors who will be affected one way or another.Recommend
Let Justice Be Done .. Come Hail or Fire!Recommend
and we were waiting for the truth on killing of benazir bhutto..but i think we will have to wait another 32 years before the govt try for the trial of bb murderers… i have read somewhere that babar awan was distributing sweets after bhutto was hanged and now he claims that bb was saying that if babar awan had fought the case of bhutto, he wouldnot have been hanged…??? and then bb accepts that it was fault of her fathers lawyers and not of the supremecourt? lies upon lies… but what we can expect from people who have no shame…Recommend
The only reason in opening this case with keeping timing in mind is the next elections. In both cases PPP will use it to leverage its position in the public masses for the next time and open door for fight with the apex court.
Tariq, RiyadhRecommend
Honestly, no one cares.Recommend
The Bhutto case was a mockery of justice, it was more akin to patricide by a band of unscruplous, ungrateful and evil minded psychopaths, whatever be their designations. Like Shakespeare said, a rose will remain a rose by whatever name it is called. Likewise, an evil and satanic act like judicial murder of a leader of the staure of Zulfiqar Ali Bhutto, will continue to be so, in whatsoever lofty words it is cloaked. Being an intellectual and liberal visionary he was taregetted ruthlessly by the dark forces comprising largely of fanatics and reactionaries of sorts. He was not meted out justice, rather it was more of a wild revenge. He stood for decency and compassion and his words and deeds, despite all the misinterpretations by the more pious than thou, accounted for enlightenment and long terrm welfare of his countrymen.It is hightime that this historical stigma is removed by resorting to legal means. Recommend
Mirza has picked the point.Our agencies and family members of TARA MASEEH are disturbed by this reference.Recommend
They are digging the dead out of the ground for all the wrong reasons while everyday live men are dying on our streets for various reasons including hunger, but that doesn’t seem to concern this democracy. We get the kind of leaders that we are; pathetic, thieves, hypocrites, liars, all young and old. We Pakistanis deserve that don’t we. And this media that brought abut the end of the one man that had changed a lot in Pakistan is no less painted with our woes. Hail Pakistan where the dead rule and the living go to hell and the media make it look good……Recommend
Govt. just want the divert the problems to close chapter case, ZAB shaheed is past and we all know that trial was politically motivated thats why we respect PPP stand. Now it seems all good convert into bad when common man still looking towards Govt. who are wasting their time to collect evdiance and refrences. In my view govt. is dragging people to greater crisis where common man still thirsty for Rooti, Kapra Aur Makan.Recommend
Bhuttos murder was wrong but for everyone who says Bhutto was a great leader.. He was just a good orator. He has destroyed our economy which was being studied abroad. He nationalized everything…this lead to capital flght..brain drain is his creation and so is Bangladesh. Murder is never justified. this is just a sham for political gain. He created perhaps the most corrupt dynasty the world has ever seen The Bhuttos. The Sharifs give them a run for their money but I guess The Bhuttos win. In their footsteps follow the great Gillanis, The Chaudharys and all those other jagirdars, Maliks, Khans, Balors, and what nots.
I seriously dont get what this case is about. Who the prosecutor is and who the defendant is. It makes no sense.
Please people use your vote and rid us of these clownsRecommend
its all useles practice and wastage of time and wastage of tax payers money, no doubt this ppp govt is trying its best in diverting the attention of court from NRO and corruption of its ministers, shame on them.
why this zardari isnt opening the case of murtaza ali bhutto and why he isnt interested in benazir bhuttos killers? Recommend
@canzeon
Which is why ZAB banned alcohol and declared Ahmadis a minority.. I am sure that accounted for the welfare in the country that was to follow.
If everyone is hell bent about opening the case of Bhutto, lets also reopen the case of Zia’s death too which apparently seemed a murder.. Lets also open the case of Liaqat Ali Khan who hopefully was a better leader than ZAB!Recommend
Dark day for PPP to appoint Babar as lawyer in Supreme court to defend ZA BHUATTO whereas some day ago CH NISAR has already relevead the information about his happyness and joy when Bhutto was hanged.. It is really shame for all pakistani that we have no one leader of Visions to move pakistan forward. all are trying to push pakistan back and make money for theirs foreign bank accounts ..
Million dollar questions who will act on the final decesion of superem court ? if they make guily Pakistani Army .. Is Zardari or Gilani can ever dare for this act . i feel even they can not sepak in their sleep against pakistan army..
It is just politics and wasting the precious time of honrable judges , supereme court and as well of all nation to divert attention fm the real problems of pakistan , poorness, electrictiy and as well big step to divert attention fm NRO tola. GOOD LUCK TO PAKISTAN .. ALLAH help us to guide us on right path & give us some true and loving leaders who love pakistan not MONEY Ameen Recommend
my goodness!!! can you believe 60 important government ministers of any country gathering on every single hearing, leaving back their respective jobs, responsibilities, and other duties over no one..this is lame..this is ignorance!! this is even more pathetic!! I bet, ZAB would have killed all these 60 corrupt and senseless goons alone for spoiling his noble name and cause!!Recommend
The country needs justice… everyone wants Zulfiqar Ali Bhutto’s name cleared as he was the greatest leader of this nation. Its our duty to avenge him, its the least we can do for what he has done for us. Recommend
“The contingent of 60 leaders will gather for breakfast at the Parliament House on Wednesday morning, from where they are to march towards the Supreme Court building.” Good way to burn those calories from that heavy breakfast. Also, the whole retrial is a good way to burn taxpayers’ money.Recommend
Gen Zia,s heir,s should come forward and seek justice for there father,s (MAN GO)murder case.IF justice is served to ZAB and Gen Zia murder cases it will give me hope to pursue my husbands murder case which happened 13 august 1986.Recommend
@Hassan:
Bhuto might have been hanged for a wrong case but he was responsible for murders of many of his opponnents during his time.He was responsible for separation of Pakistan and creation of Bangladesh in collaboration of Indira Gandhi,Mujeeb ur Rehman and all of them were punished by Allah and their fate was written like that which could not be changed.Even their children received the same fate.History cannot be changed Butto period was the darkest period like these days.Recommend
I have a question….according to which law they are reopening the case.?
Don’t they have anything else to do.. I mean for which they have been elected and paid for..serving the Nation. Recommend
What is the use of this trial ? why the Government delaying to announce the killers of BB and her brother the real leaders of PPP. It means it is just to linger on and divert attention. What is the use of democracy, is this a democracy? What benefit they pass to the public? Did the artificial PPP leaders implement the dreams of ZAB about ROOTI KABRA AND MAKKAN? Recommend
Peoples Party has always tried to become aggrieved (MAZLOOM) party before the elections, now that the party has no clear line so have decided to make fun of the judiciary verdict until the forthcoming general elections where as no real kin of ZAB and PPP is interested to reopen the ZAB case. PPP first let the nation know and show, where is Nusrat Bhutto.Recommend
@Nabeel:
I am sorry to say brother but you miss the point; Zia and Liaquat Ali Khan did not die via the judiciary. You are of course entitled to your views but the other two were not even a patch on Shaheed Bhutto. Zia was a hypocrite who used Islamic slogans just to keep himself in power. He met his fate at the hands of those for whom he killed Shaheed Bhutto. It was Liaquat Ali who put Pakistan in America’s lap and we are all still suffering for that. He also wanted the Quaid out of his way for his own reasons These are historical realities.Recommend
Peoples Party has always tried to become aggrieved (MAZLOOM) party before the elections, now that the party has no clear line so have decided to make fun of the judiciary verdict until the forthcoming general elections where as no real kin of party is interested to reopen the ZAB case.Recommend
It seems Begum Nusrat Bhutto is sdead since long and her dead body is being preserved. Her death will be announced by Zardari on ther eve of next elections to gain sympathy of voters.
Now Barbar (h)awan will argue in teh Supre Court in Bhutto reference case to show his loyalty to late Bhutto. Who does not know that Barbar awan distributed sweets in Pindi on the death of Bhutto?
Pee Pee walas on the one hand, say that in NRO-Swiss case, they will not allow the trial of the grave of BB while on the other hand, they are digging the 32 year old grave of Bhutto which if started, will open a pindora box – Dalai Camp, Dr Nazir’s killing, Masjid
shuhada’s killings, Ch Zahoor Elahi and much much more. This is just a ploy to divert attention of people fro real issues facing the country and its people.Recommend
ZAB was great leader, but i think so he is. the justice should be done with his soul. this is our national duty to do so.if we will not do so we are recognise by black face black heart. i have a lot to say…… but i always pray for such a great leader. GOD BLESS HIM ALWAYS.Recommend
I fail to understand why so many people are disturbed by hearing of this case? What great constructive work are our independent judges doing at this time? Name one case that they have decided in the last several decades which has any impact on the nation?
In my country (richest, large and most powerful) SC has only 9 judges and no more. They keep themselves neutral and not make speeches like our SC CJ and army chief of staff. They are not supposed to be a politician or policy makers. They are supposed to make sure they interprete the laws and only hear appeals after the state HC.
While we have 9 judges in a poor country like Pakistan there are benches which start with 17 judges! There are so many judges and let us keep them busy for a change. Let the lower courts and state HC try all the cases and SC only hear the appeals. Current SC has made the court as the initial trial court. Shame on the SC for not doing anything except playing politics and not letting the state HC do their jobs.
Here is a fact from the chief law officer of Punjab in the days of Zia:
http://nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/12-Apr-2011/ZAB-judicially-murdered-exAG
Let us not be upset from the truth coming out. Once this case is decided on the fair grounds, no general would be able to hang an elected PM in the future. We have to start this journey one day, the sooner the better, otherwise the fanatics would take over.
Mirza, USARecommend
If the Supreme Court does not throw this case out right from the beginning guess who is being accused!!! You guessed right, the Supreme Court. The case does not even qualify to be heard. I was a supporter of Bhutto and a great injustice was done by hanging him, if he was framed, but what about an ambitious son who’s father was killed in a politically motivated murder!!!
The Express Tribune’s Rauf Klasra should know the history before writing that “retrial of the ZA Bhutto case, which culminated in a long-debated guilty verdict over three decades ago – ultimately resulting in the hanging of the country’s first elected prime minister in 1979.”
ZAB was never first elected prime minister, he was in minority and could have sit on the opposition benches, but he refused to accept majority winner and we lost the whole ideology of Pakistan along with it. His second term elections became null and void due to a wide spread irregularities. He was an incidental and not elected prime minister. Klasra Sahib may stand corrected if he cares for right journalism.Recommend
@Omar: ….Oh those stinking Punjabis.Recommend
@John:
Last one of the day, John, hope you are well ! its rather warm here too!
This case is a non starter ! it makes mockery of the judicial process within the country !! As you pointed out, its going to be like shooting in one own foot.
The question is why would the president want to go back and open this case??
Perhaps old scores to be settled!! But the main man, is dead and the rest can claim acting upon instructions ! So what really is going to be achieved and how long is it likely to take?
As i am sure there are plenty of cases that needs urgent attention of judiciary, considering the back log in Pakistan.Recommend
@ehsanali: ….Do you have any proof that the judicially murdered man at the hands of the military was responsible for any murder…?? Read and see what Justice (R) Nasim Hasan Shah says about generals’ pressure.
And if you have any shame keep it packed like a military dictator and his accomplices.Recommend
Until the truth about the Bhutto’s execution is told Bhutto remains a criminal in the eyes of the history.
So that name needs to be cleared. And this is the best chance for Pakistanis and for PPP because now PMLN is not in the way and there is a PPP President in power.
ZAB was innocent of Kasuri’s murder. But he was still hanged. Like a common criminal. And then buried in the early hours of the day in strict security to secure an insecure military junta President.
Knowing the history of the judiciary in Pakistan–from Justice Munir’s ‘Doctrine of Necessity’ in the 50′s to Justice Dogar’s capitulation to General Musharraf in late 2000′s–why would it sound so out of ordinary to have the justices of the High and Supreme Courts in late 1970s to have compromised before General Zia and took part in the judicial murder of Bhutto?
ZAB was not an ordinary man. He contributed a lot to the Pakistani nation. If he was truly guilty of the E. Pakistan tragedy then why did not General Zia reveal the Humood ur Rehman Report for 11 long years? Surely, we have seen plenty of ‘White Papers’ by ZIA against PPP/ZAB in the 70′s and 80′s. May be because Zia was protecting his fellow generals by not doing so? Also, the ‘nationalization’ of industries done by ZAB was part of the PPP Manifesto for the 1970 elections. However wrong the policies may have turned out to be the govt. had the people’s mandate for those policies then.
So we need to find the truth about ZAB’s execution. Look up what Asghar Khan says about the ZAB trial. Google it. You will see that A. Khan–not a friend of Bhutto–still found it grave injustice that the cowardly Supreme Court of Pakistan hanged the elected PM of Pakistan. Also, what is also very sad that the execution was upheld by one ethnicity while all the minority ethnicity judges completely ACQUITED ZAB of any foul play. It was a 4-3 verdict. Sindh’s scars are still not healed. Recommend
Babar Awan should first clear himself from Rs. 3.5 crore taken from Haris steel mills in the name of Judges.Recommend
well who will pay this babr awan fee?
zardari?
gillani?
firdous ashiq?
ppp MNAs or MPAs?
or we the common man of pakistan?Recommend