The Supreme Court on Monday asked the government to frame specific questions of law in the presidential reference seeking a revisit of former premier Zulfikar Ali Bhutto’s ‘judicial murder’ case.
The court observed that questions of law were not indicated in the reference.
“I am in favour of reviewing the Zulfikar Ali Bhutto case,” remarked Chief Justice Iftikhar Muhammad Chaudhry. The reference should be drafted according to Article 186 of the Constitution. It may be redrafted and resubmitted before the court, he remarked.
The federation’s counsel, Dr Babar Awan assured the court that President Asif Ali Zardari would specify the questions in the reference. Awan presented four formulations before the bench.
He questioned whether the decision meets the requirements of fundamental rights enshrined in the constitution, and if it has a binding effect on other courts.
He also asked if the decision was justified and if it fulfills the requirements of Islamic law.
Finally, he submitted whether the 1978 death by hanging verdict of the Lahore High Court which was later upheld by the Supreme Court was a matter of repentance.
Awan said there was not a single precedent in the judicial history of the country when capital punishment was awarded under Section 109. He asked the court to let the reference remain pending in the court.
The court asked Babar Awan to assist the president and the prime minister in framing questions of law since they might not be aware of technical points.
The chief justice said a larger bench will be constituted for the hearing of this case. It is necessary to grasp the foundation of the case and some legal flaws need to be removed before it can be taken up by a larger bench. It is an important case in the judicial history.
The president signed the summary on the prime minister’s advice but no question of law was placed before the president, the PM or the cabinet, Justice Sair Ali observed. Awan contended that the reference was discussed before it was made public on April 3.
The chief justice said that Bhutto had mentioned the judges’ bias during his trial in his book. His lawyer had also raised the issue on several occasions. The court adjourned the hearing till April 21.
Published in The Express Tribune, April 19th, 2011.
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