Revisiting Bhutto’s murder trial: Awan rages on, missing record stalls review

Despite being eight hours apart, death warrants were issued in Lahore same day the SC dismissed appeal, says Awan.

ISLAMABAD:

The Lahore High Court issued death warrants for Zulfikar Ali Bhutto the same day the Supreme Court of Pakistan threw out his appeal against his conviction in the murder trial, said Dr Babar Awan while resuming his formulations on the presidential reference before an 11-member bench of the apex court on Thursday.

The revelation prompted Chief Justice Iftikhar Muhammad Chaudhry to ask: “How were the death warrants issued the same day, given the journey to Lahore was about eight hours at that time, in the absence of the motorway?”

Three separate death warrants were issued for Bhutto’s hanging on three separate dates, contended Awan in response to the query.

While, according to law, a medical officer examines the accused before execution and confirms his death
afterwards, there is no strong evidence that suggests
that the procedure was adopted in Bhutto’s case, said Awan, arguing that this proves that Bhutto was killed in custody before being hanged.

There was no signature of the medical officer on the black warrant of Bhutto’s death, a fact pointed out by his daughter Benazir in her book “Daughter of the East,” he added.

The chief justice advised the counsel to contain his arguments within the parameters of the reference.

Missing records

The chief justice inquired about the missing record of FIR against Bhutto from advocate-general (AG) Punjab who was unable to give a satisfactory response to the bench.

Justice Javed Iqbal, in an effort to assist with the search for record, observed that when the case was closed in 1975 by DSP Waris on the directions of either the inspector-general (IG) or the provincial government, a copy of record must have been sent to the LHC.

To move beyond the impasse due to missing records, Jutice Shakirullah Jan remarked that the Bhutto case may also be seen in the light of the bomb blast case at Lahore railway station.

Awan, however, contended that the accused in the case, Riaz Billa, was arrested on spot but that case was never decided.

The case is distinctly divided into two parts – one where it was closed in 1975 and then after 1977 when it was reopened – observed the chief justice.

There was no justification to reopen the case on the statement of Ghulam Hussain, the initial investigation officer in 1974 who turned into an approver two years later during the martial law, he observed.

And while Awan’s formulations have credibility, the questions sought in the reference cannot be answered until the missing record is found, he added.

He then directed AG Punjab, IG Punjab police, IG railways and the federal investigation agency to furnish a comprehensive strategy to locate record of Bhutto case.

The hearing was then adjourned till Monday.

Published in The Express Tribune, May 6^th, 2011.