Opportunity for institutions ‘to come clean’ on ZAB hanging case, remarks CJP

Chief Justice of Pakistan Justice Qazi Faez Isa has remarked that a case verdict cannot be reviewed twice but presidential reference regarding Zulfikar Ali Bhutto’s hanging is an opportunity for both military and the judiciary “to get rid of the accusations against them”, reported 24NewsHD TV channel.

Conducting the hearing of the reference on Tuesday, the CJP further observed “Only individuals act on their own and impose martial law. It is not imposed by military as an institution. Sometimes there has to be a new beginning, so isn't this an opportunity? Isn't it an opportunity for institutions to be indifferent to them by putting the blame for wrongdoings on the same individuals? We are living in the past and history is not good.”

He questioned “Could we ignore the elephant in the room, martial law" in ZAB case as the one who abrogate Constitution had an interest in this matter. A court established under martial law cannot be regarded as a general court,” the Chief Justice declared.

Justice Mansoor Ali Shah inquired “Was the oath taken under the PCO at that time”, to which Makhdoom Ali Khan replied in affirmative.

The nine-judge bench which is hearing refeference included Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali.

The presidential reference was filed in April 2011 by former president Asif Ali Zardari to review a 44-year-old death sentence. The reference sought a review of the death penalty, awarded 4-3 by a seven-member Supreme Court bench in February 1979, which was later implemented when Bhutto was hanged in April 1979.

On December 23, 2023, after more than 11 years, the nine-member larger bench of the Supreme Court headed by CJP Qazi Faez Isa heard the presidential reference.

PPP Chairman Bilawal Bhutto Zardari along with Raza Rabbani, Faisal Karim Kundi, Sherry Rehman, Sarfraz Bugti, Nadeem Afzal Chan and Farooq H Naek were present during the court hearing at Supreme Court on Tuesday.

The apex court adjourned the hearing on the presidential reference till February 26. 

CJP asked what did Naseem Hasan Shah said in Iftikhar Ahmed's interview and where did him he said in the interview that he was pressured to make the decision. “Naseem Hassan Shah said that we could have got the benefit of the doubt, but there were weaknesses of judges and even Yahya Bakhtiar made us angry,” to which CJP Isa asked how could a lawyer be accused of whole case.

“If he (lawyer Yahiya Bakhtiyar) had offended, Justice Naseem Hassan Shah would have stopped hearing the case or would have done justice. We also get angry many times, but definitely it does not affect the decision on the case. The client should not be punished for the lawyer's conduct,” the CJP said.

Earlier, talking to the newsmen, Senator Sherry Rehman said Pakistan People’s Party (PPP) was waiting for years seeking justice in Zulfiqar Ali Bhutto’s murder case. She expressed the hope that the apex court will deliver a good decision in the presidential reference.

Sherry Rehman said Bhutto murder case was of great importance to PPP leaders and workers. “PPP was waiting for this reference for the last 10 years.”

Sherry Rehman claimed that murder of Shaheed Bhutto was a big joke with democracy.

Reporter Amanat Gishkori