Bhutto case a dark chapter, says CJ Afridi

Public trust at stake if such cases recur: additional note

ISLAMABAD:

Chief Justice Yahya Afridi cautioned on Wednesday that if incidents like the conviction of former prime minister Zulfikar Ali Bhutto were not stopped, the transparency of the judicial system and public trust would remain at risk.

Chief Justice Afridi released his additional note on the Supreme Court opinion on presidential reference, stating the late Bhutto was not given a fair trial in the murder case against him. The chief justice termed the Bhutto case a "dark chapter" in Pakistan's judicial history.

Zulfikar Ali Bhutto was convicted by the Lahore High Court (LHC) in a murder case, and awarded the death penalty. The Supreme Court later rejected Bhutto's appeal with a 4-3 majority. As a result, Bhutto was hanged on April 4, 1979,

During his previous tenure as president, Asif Ali Zardari sent a reference to the Supreme Court, seeking its opinion about the conviction of Bhutto. The case was taken up when Qazi Faez Isa became the chief justice. Chief Justice Afridi was part of the bench that concluded Bhutto's trial was flawed.

In his additional note, Chief Justice Afridi partially agreed with Justice Mansoor Ali Shah's observations on the matter. He observed that both the trial court and the appellate court had failed to uphold fair trial standards in the Bhutto case.

He highlighted procedural breaches, stating that a murder case could not be tried directly in a high court. He also mentioned that former chief justice Nasim Hasan Shah had later admitted to external pressures, which he described as a "regrettable chapter" in Pakistan's judicial history.

However, the chief justice praised dissenting judges of that time – justices Dorab Patel, Mohammad Haleem, and Safdar Shah – for their courageous stand against the prevailing pressure.

They upheld the judiciary's impartiality and underscored its critical role in maintaining the rule of law, he said.

Justice Afridi concluded by saying that the Bhutto trial lacked due process. He cautioned that failure to address such miscarriages of justice could continue to erode public confidence in the legal system.

CJP's visit

The chief justice on Wednesday visited Ghotki, the remotest district in Sindh Province as part of his initiative for judicial reforms. He was accompanied by Justice Mohammad Shafi Siddiqui, Chief Justice of the High Court of Sindh, along with the Registrars of the Supreme Court and High Court of Sindh.

As part of his judicial reforms to improve service delivery and promote equitable access to justice, the top judge had initiated an extraordinary initiative to personally visit the most remote districts in each province, a statement said.

During his interactive sessions, with District and Sessions Judges, as well as representatives of Bar Associations from Ghotki and adjoining districts, he emphasized that the Supreme Court was concerned about the furthest districts which were remote and underprivileged areas of the provinces where judicial officers were dispensing justice to the litigants efficiently and effectively. (With input from APP)