Pakistan

ZAB reference case: SC to begin reference hearing from May 2

Babar Awan submits 5 legal questions before the court. Ten senior lawyers appointed by the Supreme Court.

Express April 21, 2011

ISLAMABAD: The Supreme Court of Pakistan on Thursday announced that the Zulfiqar Ali Bhutto reference case hearing will begin on May 2, and appointed ten lawyers to assist the court.

The hearing resumed with Babar Awan submitting five legal questions before the court.

He asked the court if the decision of the Lahore High Court (LHC) and the Supreme Court verdict of the trial had met the fundamental rights guaranteed under the constitution of Pakistan. Other questions included asking how the trial could be termed fair when judicial prejudice had been proved. Awan also asked if the decision in the case met the requirements of Islamic laws as under Shariah and Quran, and also if the reference would require new evidence or not.

The Chief Justice of Pakistan appointed ten senior lawyers to assist the court.

The lawyers include Latif Afridi, Khalid Ahmed, Fakhruddin G Ibrahim, Makhdoom Ali Khan, Aitzaz Ahsan, Ali Ahmed Kurd, SM Zaffar, Tariq Mehmood, Hafeez Pirzada and Barrister Zahoorul Haq.

The court has asked the LHC to provide the complete record of the case.

President Asif Ali Zardari had sent a reference seeking the retrial of the ZA Bhutto case, which culminated in a long-debated guilty verdict over three decades ago – ultimately resulting in the hanging of the country’s first elected prime minister in 1979. The presidential reference contended that the late party chairman was not given justice and that the courts today should correct this.

COMMENTS (22)

Hedgefunder | 13 years ago | Reply @Meengla: Yes agree on certain issues, however I notice you did not refer to the nationalization programs he enforce on business communities ! I notice that you did not stress the importance of PPP led by Benazir at the time, return to the office and the blatant financial Abuses conducted during her tenure by her husband!!! It was under Benazir's Govt that the Taliban were legitimised with additional support from saudis!!! I still say that ZAB was nothing more than an Educated Opportunist in the land of illiterates, who really was not sure as to following socilist path or capitalist one !!!

zegham | 13 years ago | Reply if bhutto was the believer of Democracy then why he did not accepted the mendet of East part of Pakistan, why he was the part of Yahya Khan and Ayub khan's government, why he was the Civil martial law administrator?

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zegham | 13 years ago | Reply yes I agree that a small village person Zardari is president of Pakistan and Babar Awan is Minister of Law(the guy whos words we remember about Bhutto) Gilani who was the part of majlis e ashoora of zia ul haq is now ppp prime minister and apart from all that, we have to remember that PPP is not more than 33% party, they always become government becoz of sympathy and nothing else, PPP is just a sympathy party. Benazir used to take votes with the name of Bhutto and now Zardari taking votes with the name of Banzir and Bilawal will do so.. Democracy is not the big revenge, it is just a ground where every politician play with public and nothing else.. agree or disagree but Democracy can never work for the betterment of pakistan.

Meengla | 13 years ago | Reply @Hedgefunder, No support for Bhutto in 1979? You got to be kidding us! If there was no support then why did Zia had to fly his body in the very early hours of the day and bury it in a hurry--even denying most family members their rights? If no support then why did hundreds of thousands came to greet Bhutto when he was first released by Zia after the coup? Zia, the coward, despite a hard military rule was afraid of Bhutto! And Zia the coward remained scared of a young, grieving Benazir Bhutto and had her locked up for years. Also, look up Tariq Ali's (the maker of a recent 'Leopard' documentary about Bhutto) video on You Tube. He tells why a lot of people could not come out: Zia's terror! Zia had already imprisoned a lot of the PPP leadership and was brutal in suppressing any protests. EVEN then thousdands did come out. As to the question of E. Pakistan. well, frankly, only idiots believe that Bhutto alone caused that. Fact is the alienation of Bengalis had started as early as 1947-48 when the Founder of Pakistan tried to have Urdu as the national language. While the rest of the provinces largely accepted that it was not acceptable to the proud Bengalis.

syed ali | 13 years ago | Reply @Latif: Good Job.Glad that you brought this up. It will be interesting to see how much independence Mujaeeb gave to the individual towns or area of Bangladesh... Probaaly less than what we have to our provinces in 1973 constitution. Mujeeb wanted a separate country to begin with. Whetehr any body admits it or refutes it, Agar Tala case was a true case and not merely a political stunt. There was no truth in flight of capital from east to west but still it was OK if they wanted their own reserve bank. It was also Ok if they wanted local taxes to be spent on local population and have naval head quarters in Dhaka. But demand of two separate currencies was absurd and meant only to break the country.

Hedgefunder | 13 years ago | Reply @Javed Ali Laghari: Why don't you suggest that Zardari open further investigations in regards to ZAB's Son, Murtaza's very criminal death too????

Hedgefunder | 13 years ago | Reply @Javed Ali Laghari: What were the people of the nation doing, when he was Hanged???? If they loved him that muich !! I don't recall any demos and honour brigades in streets of Karachi or Lahore !!! Stop talking rubbish, Man !! He was nothing more than an educated opportunist, in timely period of post 1971 War and loss of East Pakistan!! What did he achieve by nationalising the industries?? They are run by crooks and incompetant managers and are wasting taxpayers money!!!!!!! He gave Carte Blanche to a A Q Khan to deliver a Bomb, but at what cost??

Latif | 13 years ago | Reply @zegham: Nationalization 1. When Bhutto left in 77 all corporations were running in profit. 2 Subsequent governments including Gunmen governments did not denationalize those, why? Sir go and find who were running those organization? how rich they became afterwards. PPP and affiliated men were out of power 11 years. 2. Establishment after mismanaging and looting all that was there,now their children are blaming the process of nationalization! 3. Bhutto brought the land reforms to 150 acres and Zia reverted that through Federal Shariat Court, why ,so that establishment can buy more lands from loot and plunder. you can buy land as much as you can. Industrialists are buying lands like 20,000 acres. Want to see the difference , you will note once you cross the border of Punjab and enter in Sindh. Please be objective, don't hate people, respect other peoples mandate , language, culture , sect and religion.

Meengla | 13 years ago | Reply 1) If Bhutto was indeed responsible for the Fall of Dhaka then why did Zia ul Haq--who continued to issue 'White Papers' against Bhutto--not revealed the contents of the H. Rehman Commission Report for 11 years? Eh?! 2) The 'Nationalization' of industries was not done by ZAB alone. It was done by the govt. in power ELECTED in at least W. Pakistan by the 2/3rd majority. A govt. which had the mandate of the people. A political party which had such policies in its 'Manifesto' prior to the elections. However 'wrong' the results were it was neither illegal nor immoral. Bad choices may be. But not a crime. 3) The lawyers appointed by the SC to assist in this case are indeed some of the brightest legal minds and some of the most honorable persons around Pakistan. Let's clear Bhutto's name of that heinous crime he did not commit. About time!

Mo | 13 years ago | Reply @zegham: there is no Dacca Case apart from the 1 million urdu speakers killed by Indian armed rebels Zulficar Ali bhutto murder is biggest Tragedy in Pakistan

Latif | 13 years ago | Reply @zegham: Dear read 6 points of Mujib .. I think it is worth reading as people of other 3 provinces are waiting for that case to open in SC. 1.The constitution should provide for a Federation of Pakistan in its true sense on the Lahore Resolution and the parliamentary form of government with supremacy of a legislature directly elected on the basis of universal adult franchise. The federal government should deal with only two subjects: defence and foreign affairs, and all other residuary subjects shall be vested in the federating states. Two separate, but freely convertible currencies for two wings should be introduced; or if this is not feasible, there should be one currency for the whole country, but effective constitutional provisions should be introduced to stop the flight of capital from East to West Pakistan. Furthermore, a separate banking reserve should be established and separate fiscal and monetary policy be adopted for East Pakistan. The power of taxation and revenue collection shall be vested in the federating units and the federal centre will have no such power. The federation will be entitled to a share in the state taxes to meet its expenditures. There should be two separate accounts for the foreign exchange earnings of the two wings; the foreign exchange requirements of the federal government should be met by the two wings equally or in a ratio to be fixed; indigenous products should move free of duty between the two wings, and the constitution should empower the units to establish trade links with foreign countries. East Pakistan should have a separate militia or paramilitary forces he also asked for naval headquarters to be shifted to Dacca. Bhutto agreed to all except currency and reserve bank

Haider | 13 years ago | Reply We need a benovelent dictator.

Haider | 13 years ago | Reply Can we offer the corrupt political hierarcy a golden handshake and rid the country of their evil presence.

Javed Ali Laghari | 13 years ago | Reply I appreciate the step taken by Honorable President, because the murder of Shaheed Qauid e Awam Z.A. Bhutto was a judicial murder, Shaheed Bhutto was not only the leader of Pakistani nation but he was leader of the muslim world. I think supreme court has now chance to redress the judgement which was given in order to obey the military dictator and a leader who was living in the hearts of the whole nation was hanged.

Munir Saami | 13 years ago | Reply As Faiz said, "That day will dawn". We are gradually moving towards the ranks of civilzed nations. The lawyers selected by the SC as Amicus Curiae are some of the most brilliant legal minds in Pakistan. And a couple of them are the stalwarts of PPP. Let's keep hoping.

Ali | 13 years ago | Reply For how long PPP would survive over Butto's Legacy. People of Pakistan are being supressed by the pending cases in the lower courts lay pending since ages. I wish our worthy politicinas could prompt courts and CJ to take a notice of them too. Undoubtly Bhutto was a visionary person who - the history proves - braught greateset of all times achievements for the Nation. A few blundered committed by him umnder the influence of corrupt political maphia of country - took away his politocal glory. It also remains an established fact that Mr Kasuri's father became victim to severe state terrorism; lets us not forget he being murdered brutally by Bhutto's orders. Alas PPP leadership could focus at the misiries of living people - rather than dead ones who have already faded away with the passage of time.

patina | 13 years ago | Reply What about the murder of Dr Nazeer? Bhutto and Khar are responsible for that murder. What about Hayat Sherpao Murder? Again the lead goes to Bhutto.

Shahid | 13 years ago | Reply @ Zegham Answer to your all question is President Zardari - an unknown village boy sitting in Presidency in name of Bhutto and his party winning every election in country from Parliament to labour Unions and from Bar Councils to Professional Organization. Hate mongers are losers and always in minority.

Salman | 13 years ago | Reply We need to take the first step. I completely support this...we cannot just sit and argue that we can't move forward since other cases need to be reviewed...yes we should talk about them and if needed those need to be reviewed as well at an appropriate time...I consider this a first step towards enhancement of a robust and transparent judicial system where justice is not only DONE but it is also SEEN as being done.

Latif | 13 years ago | Reply all cases one by one. Don't mix them up.

Haris Farooq | 13 years ago | Reply what about Mir Murtaza and Shahnawaz murder cases? Also why dont you publish BB Murder report? Please have some mercy on this poor nation. You leaders will fly off to UK and US to live in your posh flats think of this poor nation whos money made you rich overnight.

zegham | 13 years ago | Reply Only bhutto case is reopening? what about Dhakka case? what about nationalization case? what about political murders case? what about nawab ahmad khan qusoori case? what about civil martial law administrator case? what about shahi qila case? sir how many case should i have to tell u?

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