ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi has released his supplementary note in the famous Zulfikar Ali Bhutto review case, saying that there was no fair trial in the former prime minister’s case.
He said the Supreme Court, however, in its advisory power under Article 186 of the Constitution, could not re-evaluate the evidence and set aside the decision of the case announced by the then LHC back in time.
In his additional note, the CJP writes: “I find myself in agreement with the observation of Justice Syed Mansoor Ali Shah that certain parts of the detailed opinion of the Supreme Court (Qazi Faez) border on re-examination of the evidence in a case which has already been finally decided by this Court in its judicial jurisdiction and therefore the same goes beyond the scope investigation defined in the brief opinion that “[in] his advisory jurisdiction under Article 186 of the Constitution cannot this court to reassess the evidence and reverse the decision of the case.
However, the CJP admired the bold stand of the dissenting judges Justice Dorab Patel, Justice Muhammad Haleem and Justice G Safdar Shah.
“Their dissent, while unsuccessful in changing the outcome, remains a testament to the enduring principles of judicial integrity and impartiality, underscoring the value of an independent judiciary committed to the rule of law,” he concluded.
BACK TO SC REVIEW
A nine-judge bench of the apex court confirmed that the late Zulfikar Ali Bhutto, the founder of the PPP, was not given an opportunity for a fair trial in the infamous murder case.
In a unanimous decision, the court said there was injustice because Bhutto was denied a fair trial. “It is a violation of the law and the constitution.
“Zulfikar Ali Bhutto was not given a fair trial and it was not in accordance with the constitutional requirement or due process,” observed the larger bench announcing the reserved verdict.
The court announced a reserved verdict on the presidential reference against the judicial killing of then PPP Chairman Zulfikar Ali Bhutto.
The CJP observed: “We face our past mistakes, infallibility, with humility in the spirit of our own responsibility and as evidence of our commitment to ensure that justice is served with unwavering integrity and fidelity to the law.”
He said: “The reference by the President of Pakistan gave us an opportunity to reflect on the course of Bhutto’s trial, conviction and death sentence under the regime of military dictator General Ziaul Haq.”
The question was whether the decision of the Lahore High Court as well as the decision of the Supreme Court in the Zulfikar Ali Bhutto assassination trial were in accordance with the fundamental rights guaranteed by the Constitution.
The court stated: “The trial proceedings of the LHC and the appeal of the Supreme Court do not meet the requirements of the fundamental right to a fair trial and due process enshrined in Art. 4 and 9 of the Constitution and later guaranteed as a separate and independent fundamental right under Article 10-A of the Constitution.
“Article 10-A was not part of the Constitution but the principles enunciated therein have always been part of our jurisprudence,” explained CJP Isa.
The court could not comment on the question of whether the conviction leading to Bhutto’s execution can be characterized as a decision of the Supreme Court binding on all courts under the Constitution.
The court noted that no assistance was given to the judges on the issue of Islamic injunctions even though they were repeatedly asked for their views on the matter. “Therefore, it would be inappropriate to comment on the Islamic aspects. The court has decided not to issue any opinion on the matter.”
BILAWAL BHUTTO’S REACTION
Bilawal Bhutto-Zardari, who along with other PPP leaders Raza Rabbani, Farooq H. Naek and Sherry Rehman, broke down in tears after hearing the Supreme Court’s opinion. He later spoke to the media and said that the wrong had been recognized after 44 years.
More than 44 years after the judicial assassination and more than 12 years after the presidential application; today the unanimous decision was announced by CJP Isa. Shaheed Zulfikar Ali Bhutto did not get a fair trial. The pursuit of justice was President Asif Ali Zardari’s labor of love.
BACKGROUND
The Supreme Court began hearing a reference on 12 December 2023 against the conviction, sentence and hanging of Bhutto by President Asif Ali Zardari.
On 2 April 2011, Zardari approached the country’s highest court on a presidential application under Article 186 of the constitution.
