SC declares Zulfiqar Ali Bhutto's rights were violated, trial lacked fairness

CJP Qazi Faez Isa notes courts lacked constitutional legitimacy, judiciary was subservient to martial law at the time

Chief Justice of Pakistan (CJP) Qazi Faez Isa declared Zulfiqar Ali Bhutto him innocent, stating that he was sentenced to death by unconstitutional courts with insufficient evidence.

In detailed remarks on the Zulfiqar Ali Bhutto reference issued, it was stated that an innocent person was executed without a fair trial, as reported by Express News on Monday.

At the time of Bhutto's trial, the courts lacked constitutional legitimacy, the country was under martial law, and fundamental rights were suspended, it maintained, adding that the judiciary was also subservient to martial law.

The order emphasised that courts under judges who swore allegiance to a dictator do not remain courts of the people. The execution of Bhutto directly benefited General Zia-ul-Haq. If Bhutto had been released, he could have pursued serious treason charges against Zia-ul-Haq.

CJP remarked that the reference took 11 years to be scheduled for a hearing. All judges who initially heard the reference retired, and the evidence for the death sentence was insufficient. There was no direct evidence under Section 302 against Bhutto, it added.

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The Supreme Court clarified that Bhutto's execution was neither a presidential reference appeal nor a review request. The constitution or law does not provide a mechanism to nullify such a sentence. After the Supreme Court dismissed the review, the decision became final.

The opinion states that a presidential reference cannot overturn a final decision. The Federal Investigation Agency began investigations into the Bhutto case before receiving the case file.

Once the police investigation was complete, the FIA had no authority to reopen the file. There was no judicial order for re-investigating the Bhutto case, and the High Court's trial process undermined several legal provisions.

The court noted that Bhutto's fundamental rights were violated by those responsible for protecting them. The trial did not meet the standards of fairness, and there was no direct evidence against Bhutto. The Supreme Court highlighted the non-transparent, illegal, and unconstitutional flaws in Bhutto's case.

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The murder charge was attributed to a force called FSF, and the shell casing from the crime did not match FSF weapons. Bhutto's speeches in parliament were also used against him, which is not permissible.

The remarks further stated that Bhutto was transferred without notice, and for the first time in Pakistan's judicial history, a murder trial was directly conducted in the Lahore High Court. This unprecedented move deprived Bhutto of the right to appeal.

Such a direct trial by the High Court is unheard of in Asia, where no other instance exists of a High Court conducting a direct murder trial.

CJP Isa mentioned that Justices Sardar Tariq Masood, Mansoor Ali Shah, Jamal Khan Mandokhail, and Ali Mazhar will provide additional notes on the reference.