ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa has remarked who is responsible for execution of Zulfiqar Ali Bhutto among Supreme Court (SC), prosecution and martial law administrator.

He remarked where there is politics in case and there is no justice then court should hear it again. He remarked there was martial law at that time and former Prime Minister was executed. Work hard and tell us as to why this court cannot reopen remaining cases. President should also send references of remaining cases. There is an interview of judge in this case. Some other thing will be there in remaining cases.

CJP gave these remarks while presiding over 9-member larger bench of SC during hearing of presidential reference on Bhutto judicial murder case Monday.

During hearing of case Ahmad Raza Kasuri came on rostrum. CJP prevented Ahmad Raza Kasuri from talking saying sit down on your seat. Let amicus curiae complete his talk first. If you have any objection on his anything then give us in writing.

Justice Mansoor Ali Shah inquired what is legal question before us.  Should we review SC decision on basis of one interview and give opinion.  Should court hold inquiry on basis of an interview. Interview was of one judge while other judges were also in bench.

He remarked should we call people related to interview and start inquiry. We cannot say that such had happened after seeing video of an interview. Court can give its opinion only on legal questions under Article 186.

Justice Muhammad Ali Mazhar remarked tell this also that what legal question has been asked in Bhutto reference.

Amicus curiae Makhdoom Ali Khan said death punishment was awarded to Bhutto with 4:3 ratio. Later one judge said he gave decision under pressure.

He read out letter of Sharifud Din Pirzada wherein it was written sister of Zulfiqar Ali Bhutto had filed mercy appeal before president. Zulfiqar Ali Bhutto himself had not filed mercy appeal.

Makhdoom Ali Khan said question of implementation of execution of Bhutto is not before court. Unfortunately execution of Bhutto cannot return.  Matter before court is of taint. Zulfiqar Bhutto was executed with 4-3 ratio. Later judge said he gave decision under pressure.

Justice Muhammad Ali Mazhar remarked if court gives any decision then will this have to be done in every of its decision. 

Justice Mansoor Ali Shah remarked one legal question what I think that decision in Zulfiqar Ali Bhutto case was wrong that in this case interview of only one judge came in this case and other judges remained silent. Jurisdiction of review has been used in Bhutto case. What procedure is left now that this court should have jurisdiction.

CJP remarked in every criminal case where there is politics and justice is not there court should hear it again. He remarked this is singular case. Court should see it separately from others. At that time there was martial law and former prime minister was hanged.

Farooq H Naik counsel for PPP ran clip of private TV channel programme Jawabdeh where in host of programme is asking questions from judge who was included in 7-member bench which awarded death sentence to Bhutto.

Makhdoom Ali Khan said this decision is injustice with justice. Hearing of reference was adjourned till third week of February.

Published in The Daily National Courier, January, 09 2024

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