Revisiting ZA Bhutto’s murder case: SC to hear presidential reference tomorrow

Apex court to deliberate on set of five questions of law.

ISLAMABAD:

The presidential reference on revisiting Zulfikar Ali Bhutto’s conviction for a murder he did not commit, to be taken up by an eleven-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhary, has sparked off intense debate amongst political opponents and civil society.

The chief justice constituted an eleven-member bench to give its opinion on the five questions of law asked by President Asif Ali Zardari in the reference filed under article 186. Dr Babar Awan, a previously unknown party activist who has managed to ingratiate himself with the President, submitted the questions. The apex court had declared that it could only give its opinion on specific questions of law. Awan resigned from the cabinet to represent the government in determining whether the founding chairman of the PPP deserved the death by hanging verdict upheld by the apex court for ordering the murder of his political rival, Nawab Kasuri. At the time because of his affiliation with former military dictator General Ziaul Haq, he was one of the most vocal lawyers to demand the death penalty for Bhutto.

The first question placed before the bench was whether the decision of the Lahore High Court as well as the Supreme Court of Pakistan in ZA Bhutto’s murder trial meets the requirements of fundamental rights as guaranteed under Article 4, sub-Articles (1) and (2) (a), Article 8,9,10A and Article 14, 25 of the constitution? If it does not, what are its effects and consequences? Second, whether the conviction leading to his execution could be termed as a decision of the Supreme Court binding on all other courts as it was based upon or enunciated the principle of law in terms of Article 189 of the constitution? If not, what are its effects and consequences?

Third, whether in the peculiar circumstances of this case, was the death sentence justified or could it amount to deliberate murder keeping in view the glaring bias against Bhutto? Fourth, whether the decision in the murder trial fullfils the requirements of Islamic law as codified in the Holy Quran and the Sunnah? If not, would it present cause for repentance? And finally whether on the basis of conclusions arrived at and inferences drawn from the evidence in the case an order for conviction and sentence against Bhutto could have been recorded?

The larger bench to be headed by the chief justice, comprises Justice Javed Iqbal,  Justice Mian Shakirullah Jan, Justice Nasir Malik, Justice Sair Ali, Justice Jawad S Khawaja, Justice Shahid Siddiqui, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Sarmad Jalal Usmani, and Justice Ghulam Rabbani.

Published in The Express Tribune, May 1^st, 2011.