Politics

SC seeking to fix history in ZA Bhutto reference: CJP Isa

Published

1 year ago

Farwa

CJP says court wants to set better example.
Amicus curiae seeks reexamination of case.
SC adjourns hearing till third week of February.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday said that the Supreme Court is currently looking at one person’s honour and seeking to fix the history “as it wants to set a better example” in a presidential reference pertaining to a death sentence awarded to former premier Zulfikar Ali Bhutto.

The CJP made these remarks during the hearing of the presidential reference seeking to review the death sentence awarded to the Pakistan Peoples Party (PPP) founder.

The apex court larger bench — led by CJP Isa and comprising Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali — resumed hearing of the presidential reference seeking to revisit the 1979 “controversial” death sentence.

Bhutto was hanged to death on April 4, 1979, in the Rawalpindi district jail in a murder case. His party, however, termed the capital punishment to Bhutto as “judicial murder”.

Former president Asif Ali Zardari, on April 2, 2011, approached the apex court through a presidential reference under Article 186 of the Constitution to seek its opinion on revisiting the trial of the Pakistan Peoples Party (PPP) founder.

During the previous hearing on December 12, 2023, Justice Mansoor raised questions over the presidential reference. The SC judge sought assistance in determining the questions of law, observing that the court had already dismissed the appeal against its verdict which had also achieved the finality.

“The Supreme Court can’t hear another appeal on the matter. How can we rehear the matter that had been closed?”

The court proceedings of the reference were broadcast live on the official website and the YouTube channel of the Supreme Court.

Today’s hearing

At the outset of the hearing, PPP leader Senator Raza Rabbani came to the rostrum.

“Are you an amicus curiae?” questioned CJP Isa. To this, Rabbani said he was representing Sanam Bhutto, Bakhtawar Bhutto and Asifa Bhutto in the case, adding that he has submitted a petition to become a party in the case.

Meanwhile, Zahid Ibrahim, said he was representing Zulfikar Bhutto Jr and Fatima Bhutto.

Amicus curiae Makhdoom Ali Khan then began his arguments, saying that the chief justice had sought the transcript of an interview in the same case.

At this, Justice Mazhar said that this reference was based on the interview of former judge Justice (retd) Naseem Hasan Shah.

Justice Shah said that the top court cannot decide on the case just by watching an interview. “The court can only give an opinion on legal questions under Article 186,” he added.

At this, Makhdoom said that the question is not about Bhutto’s execution but about the stain on his character. “Later, one of the judges said in an interview that he gave the verdict under pressure,” he said.

After this, the court played the interview of Justice (retd) Shah’s interview.

Justice Shah said that only one of the judges gave an interview while others — who were a part of the bench — remained quiet.

Justice Shah remarked that the only point is that the judiciary was not independent at that time.

Justice Afridi then said that a single interview could not decide that the judiciary was not independent at that time. “There were other judges who wrote their notes and dissented,” he added.

At this, the CJP highlighted that the ratio of the bench in Bhutto’s case was such that the opinion of one judge was also important.

Makhdoom then compared the reference to Samiullah Baloch case, saying the judge who wrote the verdict withdrew his decision. He said that the court should reexamine the case if it believes justice was “massacred”.

Later, Justice Hilali said that the court needs to fix the history as this “black spot” is not only on a person’s character but also on some institutions.

The apex court then adjourned the hearing till the third week of February keeping in view the upcoming general elections.

Latest News

PTI suggests resuming talks with government over judicial commission issue.

Published

1 month ago

Farwa

Barrister Gohar, Chairman of the PTI, has claimed that the party’s founder has suspended negotiations, emphasizing that the government should declare the commission within seven days.

He emphasized the PTI’s openness to rethink if the government makes headway and establishes the commission.

Barrister Gohar told the reporters, “Seven days were enough to announce the commission.” We are ready to reconsider, but the government must first announce the commission.”

He stated that the PTI approached the negotiations with an open mind. “The PTI founder has halted the negotiations. “The government had eight laws on their agenda, while we only had two demands,” he stated.

The PTI chairman went on to say that even after seven days, no progress had been made in forming the commission. He encouraged the government to reconsider the decision and proceed with the announcement.

Latest News

PTI will declare February 8 to be “Black Day,” sparking protests across the country.

Published

1 month ago

Farwa

According to reports, the Pakistan Tehreek-e-Insaf (PTI) intends to hold rallies nationwide on Wednesday in support of its decision to declare February 8, the one-year anniversary of the general elections, a black day.

According to media sources, PTI founder Imran Khan has instructed all party lawmakers—including MPAs and MNAs—to plan and take part in demonstrations in their local communities on February 8 in order to draw attention to their complaints and issues.

In a recent meeting with legal advisors on Wednesday, Imran Khan expressed dissatisfaction with the performance of the party’s Information Secretary Sheikh Waqas Akram. The meeting emphasized the importance of party discipline and gave stern directives to abstain from any criticism of Maulana Fazlur Rehman, the head of the JUI-F.

It has also been suggested that the PTI engage opposition leaders in the demonstrations in order to win their support.

Party insiders revealed that the founder has urged leaders to ensure effective coordination and mobilised efforts in preparation for February 8.

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In 13 cases involving the D-Chowk demonstration, Bushra Bibi granted temporary release until February 7.

Published

1 month ago

Farwa

Bushra Bibi, the wife of the PTI chairman, was granted temporary release by the Islamabad Anti-Terrorism Court (ATC) in 13 counts pertaining to the November 26 D-Chowk protest. Judge Tahir Abbas Supra ordered the police to produce all pertinent documentation by February 7 and granted bail against surety bonds of Rs. 5,000 apiece.

Additionally, Bushra Bibi was given temporary release until February 7 in the Rangers’ accident case. During the hearing, Judge Tahir Abbas Supra expressed disappointment over the behavior of the defense counsel on two occasions. Addressing the lawyers, he remarked, “You demand VIP protocol everywhere, but this is not possible. Prepare your files properly before coming to court.”

Three cases at the Secretariat Police Station, two each at the Margalla, Karachi Company, and Ramna Police Stations, and one each at the Tarnol, Kohsar, Aabpara, and Khanna Police Stations are among the numerous charges against Bushra Bibi.

In addition, the judge chastised the defense team for requesting that Bushra Bibi sign and thumbprint blank documents. He said, “The accused must sign and thumbprint the court orders, not blank sheets.”

Bushra Bibi also went to the Islamabad High Court to have her biometrics verified in relation to her appeal to be exonerated in the Toshakhana-II case. On Monday, Bushra Bibi and the PTI chairman submitted their acquittal petitions. After finishing the biometric procedure, she departed right away.