SC says Zulfikar Ali Bhutto was denied fair trial in infamous murder case
Pakistan
A nine-member bench announces the reserved verdict on the presidential reference
ISLAMABAD (Dunya News) - The Supreme Court of Pakistan (SC) affirms that the late Zulfikar Ali Bhutto, the founder of the Pakistan Peoples Party, was not allowed the opportunity of a fair trial in the infamous murder case.
A nine-member bench, in a unanimous decision, declared that injustice was done as Bhutto was denied a fair trial opportunity. "It's a violation of law and constitution."
"Zulfikar Ali Bhutto did not get a fair trial and it was not in accordance with the constitutional requirement or due process," observed the larger bench which had a day earlier (Tuesday) reserved the verdict.
The court announced the reserved verdict on the presidential reference against the judicial murder of PPP chairman Zulfikar Ali Bhutto on Wednesday.
Chief Justice of Pakistan Qazi Faez Isa read the short order and said at the outset that it was a unanimous verdict. The judgement was live telecast on TV channels.
The CJP remarked, “We confront our past missteps, infallibilities with humility in a spirit of self-accountability and as a testament to our commitment to ensure that justice shall be serving with unwavering integrity and fidelity to the law."
He said: “The reference filed by the president of Pakistan has provided us an opportunity to reflect upon the proceedings of the trial, conviction and death sentence of Bhutto under the regime of military dictator Gen Zia ul Haq."
The question raised was that whether the Lahore High Court's decision as well as the Supreme Court's ruling in the murder trial of Zulfikar Ali Bhutto was in line with the fundamental rights guaranteed in the constitution.
The court stated, "The proceedings of the trial by the LHC and of the appeals by SC do not meet the requirements of the fundamental right to a fair trial and due process enshrined in Article 4 and 9 of the constitution and later guaranteed as the separate and independent fundamental right under Article 10-A of the constitution.
"Article 10-A wasn’t part of the constitution, but the principles enunciated therein have always been part of our jurisprudence," explained CJP Isa.
The court couldn’t give an opinion on the question of whether the conviction leading to the execution of Bhutto could be described as the decision of the SC binding on all courts under the constitution.
The court remarked that the judges were not rendered any assistance on the question of Islamic injunctions, albeit asking their opinion again and again on this matter. "Therefore it would be inappropriate to render an opinion on the Islamic aspects. The court has rendered to give any opinion on this matter."
The apex court issued notices to all parties in the case for the announcement of the verdict on the presidential reference.
Earlier on Monday, the nine-member larger bench headed by CJP Qazi Faez Isa concluded the judicial reference of the Zulfikar Ali Bhutto case and reserved the verdict.
Bilawal Bhutto Zardari's reaction
Bilawal Bhutto Zardari who along with other PPP leaders Raza Rabbani, Farooq H. Naek and Sherry Rehman heard the Supreme Court view broke into tears. He later spoke to media and said a wrong had been acknowledged after 44 years.
More than 44 years after judicial murder and more than 12 years after presidential reference was filed; today a unanimous decision announce by CJP Isa. Shaheed Zulfikar Ali Bhutto did not get a fair trial. The pursuit of justice was a labour of love by President Asif Ali Zardari… https://t.co/rTNgLWeood
— BilawalBhuttoZardari (@BBhuttoZardari) March 6, 2024
Sherry Rehman media talk
Speaking to media, Pakistan Peoples Party leader Sherry Rehman said the interviews were telecast in court and the judicial assistants had paid attention to the trial of the case.
She affirmed that Zulfikar Ali Bhutto was murdered over nefarious motives through a conspiracy as proved during the hearing of the presidential reference. She said they were expecting a fair judgement which would set an example for future.
Also read: Supreme Court reserves verdict on Bhutto reference
Brief background
The Supreme Court started hearing the reference on Dec 12 last year which was filed against the conviction, sentencing and hanging of Bhutto – the PPP founding chairman and the first democratically-elected prime minister of Pakistan.
It was the then president, Asif Ali Zardari, who had moved the country’s top court on April 2, 2011, through a presidential reference under Article 186 of the Constitution to seek its opinion on revisiting the trial which had culminated with the hanging of Bhutto on April 4, 1979.
Bhutto was removed after a military coup led by the then army chief Ziaul Haq on July 5, 1977, which followed a months-long agitation, as the PNA – Pakistan National Alliance – disputed the results of rigged elections earlier that year in March.
