The Supreme Court will take up a presidential reference regarding the 1979 ‘judicial murder’ of former prime minister Zulfikar Ali Bhutto on April 13.
The government has sought the opinion of the apex court on the death by hanging split verdict upheld by the superior judiciary in 1979. However, the bench which will hear the reference expected to figure in next week’s cause list of cases has not been constituted as yet.
The President of Pakistan had sent the reference to the apex court for revisiting the case of ZAB under Article 186 of the Constitution.
Talking to the media after filing the reference, Federal Law Secretary Masood Chishti said that the reference was forwarded to Chief Justice Iftikhar Muhammad Chaudhry after scrutiny by the Registrar’s office. The 18-page reference has been registered in the apex court as reference number one of 2011.
Addressing a gathering at Garhi Khuda Bux late Sunday night, President Zardari vowed to rectify the historic wrong of Bhutto’s ‘judicial murder’ and said it was now the obligation of the judiciary
to cleanse its record. He on Friday signed the reference.
Former president Supreme Court Bar Association and senior advocate of the apex court, Hamid Khan is of the opinion that it is up to the court to decide if the hearing of the reference will be conducted in open court or in-camera. The constitution of the full court comprising SC judges or that of a smaller bench for the hearing is the discretion of the Chief Justice. He is of the view that the Attorney General of Pakistan and Advocate General Punjab will appear before the bench because the state spearheaded the prosecution in the case of ZA Bhutto.
Published in The Express Tribune, April 5th, 2011.
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