Pakistan

ZAB’s ‘judicial murder’: Govt files reference in SC

Federal law secretary says that the apex court did not raise any objection over the reference.

Express April 03, 2011

ISLAMABAD:

A reference seeking to revisit the case of judicial murder of PPP’s founding chairman and one of the country’s most popular premiers, Zulfikar Ali Bhutto (ZAB), was sent to Chief Justice Iftikhar Muhammad Chaudhary on Saturday.

President Asif Ali Zardari on Friday signed the reference under Article 186 of the Constitution which states, “If, at any time, the president considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court shall consider a question so referred and report its opinion on the question to the President.”

The reference was filed by Masood Chisti, Secretary Ministry of Law, Justice and Parliamentary Affairs which has been registered in the Supreme Court.

During a press conference in the morning, Federal Minister for Law Dr Babar Awan said that the PPP had always contested the impartiality of the 1979 death by hanging verdict handed down to its founding leader by the Lahore High Court during Chief Martial Law Administrator Ziaul Haq’s dictatorial regime. Benazir Bhutto had vowed to reopen the case but she did not live to make it happen.

In answer to a question, Awan said that the Pakistan Peoples Party (PPP) had filed a reference on the judicial murder of Zulfiqar Ali Bhutto in the Supreme Court to cleanse the history of the judiciary of the black judgment it had upheld.

He has been authorised by the federal cabinet to send a reference regarding the Bhutto murder case to the apex court, he added.

Replying to a question on the failure of earlier PPP governments in reopening the Bhutto case, he said that their governments had been dissolved by presidents Ghulam Ishaq Khan and Farooq Leghari. Therefore they could not be expected to file a reference as it was their prerogative.

He said that the Supreme Court of Pakistan was reopening 40-year old cases. “We hope that the apex court will also reopen the Bhutto murder case,” he said. “The judicial murder of Bhutto is present in the books but no one is ready to accept it,” he added. In answer to another query, he said that it would be an honour for him if the Supreme Court were to summon him to present his arguments for the historic case.

Published in The Express Tribune, April 03^rd, 2011.

COMMENTS (22)

Khalid Rahim | 13 years ago | Reply @Hasan: Our present political system encourages nepotism and the political parties are MOM and POP Variety Stores that leads to Corruption and the two together brings mis-governance. By simply having more elections under the present structure of political party's system nothing concrete is going to develop no matter how many elections. Who fired CJ Siddique and was not the administration involved in the implementation of CJ's firing? A wise person said;Being ignorant is not so much a shame as being unwilling to learn! Our politicians have been the stumbling blocks in national integration, thus Generals with vested interest have usurped power using them as stepping stones.

Rashid | 13 years ago | Reply @Hasan: Right- recently the apex court has asked the election commission of Pakistan to remove 37.8 million bogus votes. This unfolding fact is enough to understand the legality of present provincial as well as national assemblies that where the parliamentarians stand. The result of forgery, supported the stereotype parliamentarians who are, even lackluster to understand the meaning of oath. I don’t wanted to become a parliamentarian but really have strong concern over the worst weakness of election commission of Pakistan where transparency is at stake.......and this is the institution that needs to be stronger with institutional arrangement in order to get out the country from Dhaba type of leadership in coming days because leadership eligibility counts a lot that is conditioned to pass through a transparent system in free and fair elections..

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Hasan | 13 years ago | Reply @Khalid Rahim: Cases I have mentioned has nothing to do about adminstration. Decision on Asghar Khan case has been written years before. Rtd CJ Siddique was about to announce that when 1999 Martial Law imposed and he was fired. Point is not about merit of cases itself, but about independent, impartial judiciary which only speaks through its decisions with complete neutrality. No pick n choose tilts can be seen, or projected by group of choosen media persons. Indeed, our beloved country needs progressive reforms in " all sectors " ( Not just Politicians ) but under democratically elected goveremnts of any political party, in a consistant civilian rule. Things will be turned around after the few free and fair elections

salim | 13 years ago | Reply @Meengla: Nawaz has not 'disowened Zia's legacy'. As late as 1996 he declared that he would 'complete Zia's mission. This statement at Zia's grave,

Khalid Rahim | 13 years ago | Reply @Hasan: Very well spoken; All those cases that you have mentioned cannot be processed unless the administration co-operates with the judiciary. We must change our myopic vision and have the moral courage to prevent nepotism by bringing radical changes in our political system, by it we can curb corruption and bring governance into our system. Stop! supporting your own relation in the election if he/she is not worthy of assuming power.

Rashid | 13 years ago | Reply Question of judicial murder is very important but at the same time government must reach out through abiding by earlier rulings of apex court in the country which declining is sufficient proof of rift between presidency and apex court. Nobody should be against the reference which constitutionally empowers present regime to move forward under the Article 186 but it is the same constitution which calling for rulers attention to act with sense of equity in every phase so I must say that even a street vendor know the meanings of 'reference to revisit judicial murder case' on the name of Z.A Bhutto. The PPP claims Z.A Bhutto adopted an option of death for the life of nation, such claim must be witnessed in the country which is only possible in the presence of rule of law and good governance but I dare to express that rule of law and good governance application is for the selected people. If the presidency is full of sorrow upon judicial murder of great leader Z.A Bhutto then its time to give a sophisticate system in the country which is connected with realization of equity based approach exhibition in every department and organizations of the state , really it would be one of the best option to pay tribute to Bhutto' soul rater than indulging the institutions in rift. We are willing to see such transparent system in the country which would never allow to anybody to deprived us from leaders like Z.A Bhutto and Ms.Bhutto. One thing more that presence of transparent approach here would also save us from overruling the potential of Pakistan and begging to UNO for investigating any murder in future.

KM | 13 years ago | Reply Politician is a person who will buy some more tunnel, if he see the light at the end.

fazal karim mahsud | 13 years ago | Reply disparaging the sanctity of judiciary is still being continued by PPP. It has never accepted any verdict given against their leaders in case of corruption, betrayal and conspiracies against the country. The primer is demanding a presidential immunity in swiss cases. NRO verdict is still not being accepted.DG FIA case still delayed by the govrt. In order to prove that supreme judiciary has been remained under external pressures in past he has filed a petition for reopening of ZAB case because he has also been charged by the lahore high court in ransom and abduction charges.If this is the case then justice demands that different death sentences that have been given by the judiciary in past should also be revisit. In short each and every decision given by courts is challangeble and this pillar of state is of no use at all. By the way fatima Bhotoo also wants to reopen Murtaza Bhoto case. Mr.Awan what you say in this case?

Meengla | 13 years ago | Reply Good move. About time for this. BTW, Benazir Bhutto wanted to re-open the case in as early as 1988 when the PPP first came to power after ZAB's execution. In her own words, then, 'How can I re-open that case when this Assembly is full of Zia's followers?'. Why not set the record straight for history? This is the best time for it. Even Nawaz Sharif has dis-owned Zia's legacy. Isn't that something?! ZAB may have been many things. But his 'judicial murder' is a scar that needs to healed by finding the truth about that case. One of the best arguments is made by no less than (Retired) Air Marshall Asghar Khan about the various flaws in Bhutto's capital punishment verdict. This was the same Asghar Khan who had promised to see Bhutto 'hanged' one day. So he was not a ZAB lover. So, we have a case where 3 out of 4 judges outright ACQUIT the accused while the 4 found him guilty enough to be hanged. And one of those judges later publicly confessed the pressure exerted upon the judges by the military dictator. Anyway, dig up the Asghar Khan article about Bhutto's execution. That was written by someone who despised Bhutto but was still an honorable-enough person to see the injustice done to Bhutto.

Pakistani | 13 years ago | Reply Dig down and you will find more to waste up your time ...

Abdul Ali | 13 years ago | Reply What about Mohtarma Benazir assassination.Please solve this first. she was a great leader

Hasan | 13 years ago | Reply @Khalid Rahim: " CJ will not be able to persue other important cases pertaining to national integrity " Like Air Marshal Asghar Khan case burried in the court's archive, like mishandling of Missing Persons case,;like hundred of cases which may damage the interest of " Takht-e-Lahore, Media Moghuls, Toupi Wallas, etc, etc, etc. Selective justice for selective people by selective judges. No difference of opinion, no application of independent mind, no diversification of thoughts. Independence of Judiciary Movement ends up in the shape of a good Trade Union. Hope, there is a light at the end of the tunnel.

random sindhi guy from pakistan | 13 years ago | Reply I am on the side of ZAB on this but this is all a deception to people of Pakistan,they are trying to gain some sympathy from People of pakistan thats all,this case means nothing to them.

Kamil Bangash | 13 years ago | Reply Good move by PPP. This will finally clear up any confusion about the judiciary as well. I am a supporter of an independent judiciary, but there was a lot of sullying of its reputation, with a little bit of help by the judiciary itself and the president of the Supreme Court Bar Association. Whatever the judiciary decides in this case will finally form our opinions about it. Let us see what happens.

Khalid Rahim | 13 years ago | Reply Twice before PPP had been in power but late Benazir Bhutto did not want to stir her father's soul into any controversy. Now why is this government digging skeletons? This exercise is to keep the Supreme Court on a tight rope, if the CJ refuses to open the inquiry he will be placed on the same pedestal as General Zia ul Haq, And if he opens the case then the CJ will not be able to persue other important cases pertaining to national integrity. Zulfiqar Ali Bhutto's martyrdom must not be allowed to become a political scandal by a group of inept and corrupt people. Let Begum Bhutto and Sanam decide whether they want this case to open and along with it the pandora box.

salim | 13 years ago | Reply @ayesha khan: How about many others who violated the constitution? Hamid Gul, Asad Durrani, Faiz ali Chisti and other generals? Judiciary who validated take overs? Politicians born in the lap of dictators? You convniently ignored them. Why?

Hasan | 13 years ago | Reply @ayesha khan: Why you miss those Judges who endorsed martial law, not once but twice, become " blue eyed boys " of miltary dictators for personal gain, enjoyed close family relations with them, and when thrown out from close circle, suddenly appeared as champion of justice and finally running a judicial mafia, black mailing democratic structure in the country.

Mujahid | 13 years ago | Reply Please, make Sure That may be Zardari People Party is again using this issue as a politics technique to restore their position among the Public as well original workers of P.P.P. The main person who suggested Mr. Zardari to reopen this case is Federal Law Minister. It is on record that he is the man who distribute sweets on death of Mr. Bhutto. I think most important than this is to find out the responsible persons for assassination of Benazir Bhutto. Further more, we cannot ignore this fact that it is a way to put Judiciary in trouble and Zardari Party will able to get another strong party against Judiciary.

shafiq ahmed | 13 years ago | Reply nice to have some justice and this the test case for CJ.

ayesha khan | 13 years ago | Reply also punish the dictator who seized power in a coup against an elected government has committed heinous crimes against the people and the country, and has also violated the Constitution, dissolved the elected assemblies,..

Hammad Ali | 13 years ago | Reply We need to set records straight and punish the people involved in the murder of a democratically elected Prime Minister. Good Work !

Aftab Kenneth Wilson | 13 years ago | Reply It has already been established in so many talk shows, including those associated with Judiciary/Establishment that it was a "Judicial Murder" so I wish SC accepts this petition and expose all black sheep. Let us now see whether our judiciary is "Azaad" or still working on "Dictations".

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