Revisiting ZA Bhutto’s murder trial

SC advises Babar Awan to focus on questions of law in ZA Bhutto reference.

ISLAMABAD:

“If no evidence was found against Zulfiqar Ali Bhutto in 1975, why was the silence broken after three years?” remarked Chief Justice Iftikhar Muhammad Chaudhary after scanning the record of the murder trial.

Dr Babar Awan started his formulation from the political situation in 1977 before an eleven-member bench headed by Chief Justice Iftikhar Muhammad Chaudhary. He submitted that the constitution was abrogated by a military dictator. The judiciary was not independent and ZA Bhutto’s trial was biased. Bhutto, dissatisfied with the proceedings submitted, “It appears it is not a murder trial but the murder of a trial,” before the court. He pointed out that Masud Mehmood was forced to give a statement against him. On September 13, 1977, the court ordered Bhutto’s case to be transferred to another bench on his application but it was not made part of the record. The case was reopened on October 1, 1975, after the imposition of martial law and the investigations were carried out by martial law investigators and not by the police.

The court asked the counsel to confine his submissions to the questions of law in the reference. Under article 186, the court may give its opinion on legal questions pursuant to its advisory jurisdiction. It was clearly mentioned in the order of April 21 that the court first review whether the reference is in line with article 186.

Babar submitted that ZA Bhutto was punished for initiating Pakistan’s nuclear programme. The emergence of a Muslim Ummah during the New World Order was worrisome for many powerful states at a time when Pakistan was set to acquire nuclear capability. It is not appropriate to discuss political parties or individuals in court. You should focus on how the martial law team investigated the case,observed Justice Jawad S Khawaja. You should argue on the merits of the case instead of focusing on other issues, the chief justice remarked. Justice Ghulam Rabbani asked the counsel to read the First Information Report of the case against Bhutto which revealed that a martial law team reinvestigated Nawab Ahmad Khan Kasuri’s murder. Justice Jawad S Khawaja said it was amazing that FIR was registered in 1974 and an incomplete charge sheet was submitted in 1977.

AK Dogar submitted an application in the court against the reference on the plea that many lawyers have reservations. The maintainability of the reference may be questioned. The chief justice assured him that he would be granted time to argue his viewpoint and issued notices to the AGP and the lawyers. The chief justice said Khalid Anwar excused from assisting the court, therefore Advocate Qazi Ashraf have been appointed as court assistant.

The chief justice observed that some of the country’s best lawyers have been asked to assist the court. He asked the Attorney General if the federal government could make arrangements for their residence in Islamabad. He directed the Registrar Supreme Court to contact the Law Secretary.

The hearing was adjourned till Tuesday (today).

Published in The Express Tribune, May 3^rd, 2011.