SC issues written order pertaining to Zulfikar Ali Bhutto reference

Liaquat Ali

Islamabad: The Supreme Court (SC) on Friday issued a written order regarding the hearing on a presidential reference pertaining to the sentence of former prime minister Zulifqar Ali Bhutto. The order said : “The reference No. 1 of 2011 was filed by the President of Pakistan under Article 186 of the Constitution with regard to the late Mr. Zulfiqar Ali Bhutto’s criminal trial and conviction.

A number of hearings took place till 12 November 2012, but thereafter the Presidential Reference was not fixed in Court. This Reference remains pending, therefore, it merits determination as early as possible.” It said Mr. Farooq H. Naek referred to an application filed on behalf of Mr. Bilawal Bhutto Zardari, the grandson of the late Mr. Bhutto and states he wants to be represented herein. We are informed that there is only one surviving daughter of the late Mr. Bhutto and he has eight grandchildren. The application is allowed and learned Mr. Naek may represent Mr. Bilawal Bhutto Zardari and assist this Court. If Mr. Bhutto’s daughter and any of his grandchildren also want to be represented, they may engage counsel, the order said.

It said the Attorney-General for Pakistan was asked whether any of the successive Presidents or the federal government sought to withdraw the Reference or wants to do so now, and the AG stated that this was not done nor is this sought to be done now. The order said a number of amici curiae were appointed, some of whom have passed away and others we are told are indisposed. The court is informed that amicus Mr. Ali Ahmed Kurd, Mr. Makhdoom Ali Khan will be rendering assistance. Notice had also been issued to the Supreme Court Bar Association (‘SCBA’) and the late Ms. Asma Jahangir represented SCBA. It said that the court also appoints Messrs Khalid Javed Khan, Salahuddin Ahmed and Zahid F. Ebrahim, Mr. Yasser Kureshi, an academic working at Oxford University, United Kingdom, and Ms. Reema Omer of the International Commission of Jurists as amici curiae.

It said that “the first and foremost constitutional and legal points, in addition to those recorded in order dated 21 April 2011, that require consideration are: (1) Whether the Presidential Reference is maintainable under Article 186 of the Constitution; (2) Whether it requires a factual inquiry, and if so, whether under Article 186 of the Constitution an opinion can be given in this regard; (3) The constitutional-legal position of the trial and appeal, and its credibility/legitimacy when the person being tried was removed from power by a usurper who himself assumed power and then launched the prosecution of Mr. Bhutto in a criminal case which was filed as ‘untraced’; and (4) Were certain judge(s) removed from the trial and/or hearing the appeal to secure a particular result.” If the aforesaid aspect is successfully attended to, then we will need to consider the trial and appeal which will require expertise in criminal law and procedure.

Justice Manzoor Ahmed Malik, former Judge of the Supreme Court, Justice Assadullah Khan Chamkani, a former Judge of the Peshawar High Court, and Khawaja Haris Advocate are appointed as amici curiae. It said “The Presidential Reference refers to an interview, which we are told was given to Mr. Iftikhar Ahmed of Geo television by Justice Nasim Hassan Shah, who was on the Bench of the Supreme Court which decided the appeal and review. Mr. Ahmed Raza Kasuri also refers to his application and states that he has filed extracts from a book written by the same learned Judge. The order said: “Mr. Naek states that Justice Dorab Patel had also given an interview about the case. The office is directed to send copies of the Presidential Reference, all orders and the report of the Tribunal to the amici curiae who may attend to the questions noted above. The amici curia emay submit their respective written opinions on all or any of the said matters, and on any other aspect which they consider relevant, by Friday, 5 January 2024. Notice be issued to Geo television to provide unedited-complete recording of the interview of Justice Nasim Hassan Shah conducted by Mr. Iftikhar Ahmed, and any other interview which it may have with any other Judge who had conducted the trial or the appeal of Mr. Bhutto’s case.