Revisiting ZA Bhutto’s trial: SC constitutes larger bench for presidential reference

Chief Justice Iftikhar Muhammad Chaudhry will head the bench; hearing to start May 2.


Express April 28, 2011

ISLAMABAD:


Chief Justice Iftikhar Muhammad Chaudhary on Wednesday constituted an eleven-member bench of the Supreme Court for hearing the presidential reference for revisiting Zulfiqar Ali Bhutto’s murder trial.


The bench headed by Chief Justice Iftikhar Muhammad Chaudhary will resume the hearing of the reference on May 2.

The bench will give its observations in answer to the five questions raised by President Asif Ali Zardari more than thirty years after ZA Bhutto was hanged after what his supporters claim was a stage-managed trial. On the last hearing of the reference, Babar Awan, the federation’s counsel, presented five specific questions of law before the court.

Awan has asked the bench if the conviction leading to the execution of ZA Bhutto was binding on all other courts and was the death sentence justified in the peculiar circumstances of this case or would it amount to deliberate murder keeping in view the bias against ZA Bhutto?

The president has also inquired whether the verdict against Bhutto fulfills the requirements of Islamic laws as codified in the Holy Quran and the Sunnah and finally whether on the basis of conclusions arrived at and inferences drawn from the evidence in the case, an order for conviction and sentence Bhutto could have been passed?

In view of the importance of the reference, senior jurists were appointed as amicus curiae (court assistants). The chief justice also directed Attorney General of Pakistan Maulvi Anwarul Haq and Advocates General of all the provinces to appear before the court in the reference.

Published in The Express Tribune, April 28th, 2011.


COMMENTS (8)

Mulla Toofhan | 12 years ago | Reply @......This case has nothing to do with terrorism, corruption or the incompetence of the Pakistan present and past government. This step is taken to clear the name of the then PM ZAB, Many of us believe he was made victim of conspiracy and was hanged unjustly. He and his party was unfairly treated by the conspirators.
Naushad Shafkat | 12 years ago | Reply @Hedgefunder: It is a pity that some of us can even think like this. The judiciary has always in the past acted hand in glove with the military dictators. In fact they have aided and abetted the Generals who overthrew elected government and are equally, if not more, responsible for the mess we are in today. This act of the judiciary would amount to penance for what they have done in the past and may yet restore the faith of the common man in our country.
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