President Asif Ali Zardari has not framed a specific legal question in his reference to the Supreme Court requesting a re-examination of the death sentence against former prime minister Zulfikar Ali Bhutto, said Chief Justice Iftikhar Muhammad Chaudhry on Thursday.
At a preliminary hearing to review the three-decade-old case, the chief justice pointed out that there were three separate court decisions against the former prime minister and President Zardari has not specified which one he would like to have re-examined.
“No one can deny the importance of the case but the question of law is very important,” said the chief justice.
Article 186 of the constitution authorises the president to refer any legal matter to the Supreme Court for its opinion, obliging the apex court to respond. The chief justice acknowledged the court’s constitutional responsibility during the course of the day’s hearings.
Meanwhile, former law minister Babar Awan sought permission to present arguments on behalf of the president after informing the court that the Pakistan Bar Council had renewed his licence to practice law and that he had tendered his resignation from the cabinet, which the acting president had accepted. The court had earlier objected to a cabinet minister appearing on behalf of the federation in the case, saying that it was against the law for him to do so.
Awan accepted that the question was not framed correctly. He then proceeded to argue that former chief justice Syed Naseem Hasan Shah, then a justice on the apex court, admitted in his autobiography – titled “Memoirs and Reflections” – that the verdict against former Prime Minister Bhutto was delivered under pressure from then-President General Muhammad Ziaul Haq.
Awan also cited evidence from two other books, including Bhutto’s own “If I am assassinated”.
The chief justice suggested books of his own, recommending “The Leopard and the Fox” by Tariq Ali.
Justice Sair Ali asked Awan whether the advice of the prime minster was sought on the specific question of the law. Awan replied that the whole cabinet was given a briefing before filing the reference and it was unanimously decided to file the reference and it was later sent to the prime minster for endorsement.
The chief justice asked Awan to read the summary sent to the prime minister and observed that no question of law was placed before him.
The court then adjourned further hearings on the case till April 18, asking Awan to take the time to frame an acceptable legal question for the court to consider.
Published in The Express Tribune, April 15th, 2011.
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