ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa has observed that the Supreme Court is bound to deliver a verdict on the presidential reference. These remarks were made during the presidential legacy hearing of Zulfikar Ali Bhutto. A nine-member larger bench headed by CJP Qazi Faez Isa heard the case. Justices Tariq Masood, Mansoor Ali Shah, Yahya Afridi, Aminuddin, Jamal Mandokhel, Muhammad Ali Mazhar, Hasan Azhar Rizvi and Musarat Hilali are part of the larger bench.
However, the Supreme Court (NS) postponed the hearing on the presidential request until Tuesday. Amicus curiae and former Attorney General Khalid Javed Khan argued that the trial of the Zulfikar Ali Bhutto case was not fair and filed written objections against the trial. He added that the renewal of proceedings in the Supreme Court is not possible, but the court can declare the verdict an unfair trial. Justice Mansoor Ali Shah observed that the court cannot decide on the merits of Bhutto’s case but can only check the transparency and fairness of the trial. Justice Qazi Faez Isa said SC could pass judgments on presidential references.
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Khalid Javed Khan claimed that the entire state machinery, including the judiciary, was under the control of dictator Ziaul Haq during the presidential legacy. He added that Lahore High Court Judge Aftab Ahmed had declared Zulfikar Bhutto a bad Muslim woman. He argued that the court could not issue a certificate that he was a good or bad Muslim. He also claimed that the oversight committee had noticed the remarks about Bhutto but did not deny them. He said Zulfikar Ali Bhutto would not have been hanged if the judges were independent and not under any pressure. Attorney General Mansoor Awan confirmed that the constitution was abrogated during martial law and the rule of law was not in effect at the time.
