Pakistan

ZAB’s ‘judicial murder’: SC to take up reference on 13th

Apex court yet to constitute bench to hear the presidential reference.

Express April 05, 2011

KARACHI:

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 5^th, 2011.

COMMENTS (23)

A.S.Zara | 13 years ago | Reply @Ahmed: Why Benazir Bhutto did not think to reopen this case? She knew that it will open the pendora box, And it will not serve any purpose. It may also bring out facts that will not help clear the name.

Munir Saami | 13 years ago | Reply These are the developments so far: 1. Reference filed 2. Reference accepted by SC 3. SC agreed to hear from April 13 4. LHC allowed the record to be reviewed by the petitioners. Pakistan seems to be taking baby or one can even say giant steps towards civility and justice. Even Law Minister Babar Awan was not sure whether SC will take it up. If it was a PPP ploy, it has been called. I hope that justice is served, and I also hope that one day the question declaring Ahmadis as non Muslim, unfortunately, during ZAB tenure will also be called one day. As Pakistanis we should keep our hopes alive and keep working for democracy to flourish and establishe fully. Some signs are there and I hope that spirit of Faiz is smiling, who said, Hum DaikhaiN gay, wo din keh jis ka waada hay.

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Abdul Nasir Saggu | 13 years ago | Reply thats good. Hoped that case of files of murder to Mir Murtaza Bhutto will be re-opened soon at the request of PP as it remains a mystery up-till now.

Nurmomad | 13 years ago | Reply Had Bhutto been guilty, he might have tried to bargain with the dictator, like "others" did in the later years. He was killed by treachery because he came to annul the evil influence of Mullahs and the Yankees on this nation. Had he lived another term, Pakistan's history would have been completely different. If the US-hand is found behind the conspiracy, will drones be grounded? At least for some months?

No BS | 13 years ago | Reply PPP government using my tax money to open a 30+ year old case that i had nothing to do with, infact i was not even born when they hung him. The supreme court, on my tax money, will waste time debating the pros and cons of somebody who dies 30+ years ago. What the hell, what about my probelms like inflation, corruption, power crisis....

Syed Imran | 13 years ago | Reply To revisit ZAB case is not at all a bad idea, however, this also brings to fore the matter of INDEPENDENT JUDICIARY . If we want to escape such unfortunate incidents in future we have to support Independent Judiciary, as puppet judges will always give verdicts to the liking of their masters. Today we find Mr. Zardari doing exactly what the previous rulers did, i.e. to muzzle the Judiciary. For him it will be better that he stops playing with Judiciary otherwise any future Govt can send him behind bars through pliant judiciary.

Ahmed | 13 years ago | Reply Do, whatever you people want, this country has so much time and resources to waste. Good Mr. President, keep it up, you dont have any other materialistic thing to do for this country.

Hammad | 13 years ago | Reply @Ahsan Khan: this is the real test case for our "independent and impartial" supreme court of Pakistan . !!!!!

Mirza | 13 years ago | Reply Any semblance of justice in Pakistan. I cannot believe it, seems too good to be true. Is it still the same "Islamic Republic of Pakistan" where the SC only goes against the politicians of smaller provinces after bringing them and trying them in Punjab? I am hoping against hopes that it is the beginning of removing the biggest black mark from the faces of SC judges. Good to see that SC of Pakistan is acting as the highest constitutional court and not a petty trial court. Mirza, USA

Maestro96 | 13 years ago | Reply Typical Zardari ploy it might be but justice even after so many years can still be served.

Sajjad Ashraf | 13 years ago | Reply Bhutto was murdered under a conspiracy. No populist leader is acceptable to the imperialist and status quo powers both internationally and domestically. Since the name draws the nation together, he needed to be eliminated. This historic wrong needs to be corrected.

Hamid Mehmood | 13 years ago | Reply If the idea behind is to correct the record then its a good move. Should go with it. There are two tragedies: ZAB was murdered (arranged by the onces we believed in) and he was convicted. Lets make free an innocent man - may be it will break us free as well. There are lot of arguments in fabour and adverse. But I think, its time to remove the dust to see the facts. Whoever is responsible for this wrong doing, is need to stop now. Pakistan - since serveral generation, is in abduction.

Abdul Rahman Khan | 13 years ago | Reply Some things are necver too late. 'dair ayad durust ayad'.This should have been done by Benazir Bhutto on assumption of her first power in 1988. But, alas, unlike her father,she made a deal with the army and ghulam ishaq khan that she, as prime minister, wouldn't be vindictive against army. She needed courage which she lacked in. See hasid wajid who brought the army general to justice after 32 years for the murder of her father and other members of her family. Bhutto's judicial murder should definitely be reopened. The whole world knew how unfair was the trial/judgement of ZAB. If this is not a publicity stunt or gimmick to diveret public attention from the real issues, it is much better not to involve the pakistani judiciary in this case. May be, the present set of judiciary sets aside the conviction, what is the gurantee that any future government will also not seek its review to turn down the judgement. If the rulers are really serious to dispense justice posthumously to ZAB, they should constitute an international tribunal consisting of leading jurists from across the world. What is the gurantee that the same factor of provincialism and prejudice (remember, four judges from big province and three from smaller provinces) will not figure in the sought-after review? I am certainly not casting any aspersion on the integrity of the pakistani apex court. A review by the impartial judges from leading countries will ensure the impartiality of the tribunal whose verdict will be accepted by all.

Afridi | 13 years ago | Reply What about those who also distributed sweets on ZAB's death? The present CJP should convict also those who celebrated the death of ZAB and I am sure today 90% of PPPP's politicians will be held guilty. Celebrating one's death amounts to active part in his death. Therefore, Babar Awan and other so called "stalwarts" of PPPP should be convicted and given a punishment for celebrating the death of ZAB.

Munir Saami | 13 years ago | Reply It is a big step forward. Even if no one is punished, and the court finds that there were grave errors in the judgment, it will cripple the Doctrine of Necessity that has so harmed Pakistan. The CJ is taking a big risk by just hearing it, though he has no constitutional choice. It will irk the real powers that is the Pak military.

Rakesh | 13 years ago | Reply Never too late indeed. This case must be re-examined for history's sake. I am not sure what the tangible outcome of any decree of the court would be, but would really love to see a proper prosecution of any living who played a role in taking Bhutto to gallows.

A. Cheema | 13 years ago | Reply Get real, please focus on immediate concerns and stop making fools out of people. Right or wrong, perhaps such a task should be taken on by another government. Just does not the current government to pursue this task. This government has been weak from day 1 and has done nothing credible. Why can't we have intelligent people at.the helm? These feudal types should be given some jobs and allowed to siphon off money silently. For now, just drop old taped and.focus on how we can get our nation out of the current mess. How can we rebuild our standing in the international community unless, get our youth the jobs they so deserve..unless we are happy to live in isolation when even Saudis will refuse us entry.

Abdul Ali | 13 years ago | Reply Yes.Great Injustice was done BUT what about article 207 A. we lost a great leader ,a visionary. Let the Hon SCP decide .the matter is sub judice hence no coments

Aftab Kenneth Wilson | 13 years ago | Reply @Ahsan Khan: Yes all who gave twist to this case must be punished. It is time for the present judiciary to clear all scars of their past.

usmanpak | 13 years ago | Reply May be ZAB was innocent and cases against him were based on fraudulent intention. i still believe that this Government is having more important issues to address, other than painting an innocent face in front there supporters, for upcoming election. Why President didn't used this right from the on set... Why he is using this right once the country is facing much bigger problems... PPP is following US policy of suppressing military and create an environment against Army and ISI.... our weak political system is already helping to implement US policies in Asia.... www.pakistanpostman.blogspot.com

Mulla Toofhan | 13 years ago | Reply CJP acceptance of the ZAB case show his fairness to the applicant and to all those people who believe that injustice was done to ZAB, Hanging someone who was falsely accused by Zia-ul-Haq and not even directly involved in the murder is a crime in itself committed by group of conspirators, If found guilty these people dead or alive should be punished. Cheating Pakistan of such a leader of high caliber was not only injustice to the family but to the entire nation. Let's take a lesson from Bangladesh where justice was upheld and those involved in the murder of Shiek Mujib was hanged.

Shoaib Mir | 13 years ago | Reply It's never too late, if justice prevails in the end. One doesn't have to be a legal eagle to understand or be convinced that the case against Mr Bhutto was nothing more than a sham perpetrated on the nation of Pakistan with the shameless collusion between: a) the military junta of dictator Gen Zia; b) his two hand-maidens Lahore High Court/Supreme Court under Maulvi Mushtaq/Anwarul Haq; c) the dumb-mute Media of the time; d) a bigoted urban civil society. For far too long a plethora of legal lacunae - the list is too long to be enumerated here - have been allowed to sit in the annals of PLD that makes a mockery of all written or unwritten criminal laws. It's time for the present CJP to remove from the face of the higher judiciary of Pakistan the blackest scar that has shamed its prestige and honour in the eyes of the civilized world since April 1979.

Ahsan Khan | 13 years ago | Reply If the present Supreme Court of Pakistan (SC) finds that the earlier verdict of Lahore High Court and approved by SC in 1979 was a wrong decision, will it be possible to punish all those involved in this horrible injustice??

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