ISLAMABAD: Chief Justice Yahya Afridi has raised concerns about significant lapses in the trial of former Prime Minister Zulfikar Ali Bhutto, terming the case a "dark chapter" in Pakistan's judicial history. In an additional note, Justice Afridi partially agreed with Justice Mansoor Ali Shah's observations regarding the infamous trial.

Justice Afridi noted that while he reviewed the opinions of former Chief Justice Qazi Faez Isa and other judges, he largely agreed with Justice Shah's remarks. However, he emphasised that the Supreme Court's advisory jurisdiction under Article 186 limits its scope in such matters.

Referring to the trial's flaws, the chief justice observed that both the trial court and appellate court had failed to uphold fair trial standards. He highlighted procedural breaches, stating that under Pakistan's criminal procedure laws, a murder trial could not have been directly conducted in the high court.

Afridi further pointed out that former Chief Justice Nasim Hasan Shah, now deceased, had admitted to external pressures influencing the verdict in the Bhutto case. He called this revelation a "regrettable chapter" in Pakistan's judicial history, undermining public trust in the judiciary.

The chief justice praised dissenting judges of the time, including Justices Dorab Patel, Mohammad Haleem, and Safdar Shah, for their courageous stand against the prevailing pressures.

Although their dissenting notes did not alter the outcome, Afridi said they upheld the judiciary's impartiality and underscored its critical role in maintaining the rule of law.

Justice Afridi concluded that Zulfikar Ali Bhutto trial lacked due process, cautioning that failure to address such miscarriages of justice could continue to erode public confidence in the legal system. SC declares Zulfiqar Ali Bhutto's rights were violated, trial lacked fairness

Published in The Daily National Courier, December, 19 2024

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