Bhutto Case Reopend
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Muhammad Tauseef A. Bajwa
Senator (1k+ posts)
ZAB case: SC to hear reference on April 13
ZAB case: SC to hear reference on April 13
Published: April 4, 2011
Bhutto was convicted in a murder case and sentenced to death by the Lahore High Court (LHC) in 1979 during the dictatorship of the then army chief General Ziaul Haq.
KARACHI:
The Supreme Court of Pakistan (SC) will hear a reference to review the Zulfikar Ali Bhutto judicial murder case on April 13.
The Chief Justice of Pakistan (CJP), Iftikhar Muhammad Chaudhry approved the reference which was filed with the Apex Court after it was signed by President Asif Ali Zardari.
Zardari on April 1 had signed the reference under Article 186 of the Constitution which states, If, at any time, the president considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court shall consider a question so referred and report its opinion on the question to the President.
The reference had been filed by Masood Chisti, Secretary Ministry of Law, Justice and Parliamentary Affairs on April 2 and had been registered in the Supreme Court.
Bhutto was convicted in a murder case and sentenced to death by the Lahore High Court (LHC) in 1979 during the dictatorship of the then army chief General Ziaul Haq. He was executed on April 4, 1979 by then-military dictatorship.
The PPP never accepted the impartiality of the 1979 death-by-hanging verdict handed down to its founding leader by the Lahore High Court. Benazir Bhutto had vowed to reopen the case but could not do so during her two stints as prime minister.
http://tribune.com.pk/story/142802/zabs-judicial-murder-sc-to-hear-reference-on-april-13/
ZAB case: SC to hear reference on April 13
Published: April 4, 2011
Bhutto was convicted in a murder case and sentenced to death by the Lahore High Court (LHC) in 1979 during the dictatorship of the then army chief General Ziaul Haq.
KARACHI:
The Supreme Court of Pakistan (SC) will hear a reference to review the Zulfikar Ali Bhutto judicial murder case on April 13.
The Chief Justice of Pakistan (CJP), Iftikhar Muhammad Chaudhry approved the reference which was filed with the Apex Court after it was signed by President Asif Ali Zardari.
Zardari on April 1 had signed the reference under Article 186 of the Constitution which states, If, at any time, the president considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court shall consider a question so referred and report its opinion on the question to the President.
The reference had been filed by Masood Chisti, Secretary Ministry of Law, Justice and Parliamentary Affairs on April 2 and had been registered in the Supreme Court.
Bhutto was convicted in a murder case and sentenced to death by the Lahore High Court (LHC) in 1979 during the dictatorship of the then army chief General Ziaul Haq. He was executed on April 4, 1979 by then-military dictatorship.
The PPP never accepted the impartiality of the 1979 death-by-hanging verdict handed down to its founding leader by the Lahore High Court. Benazir Bhutto had vowed to reopen the case but could not do so during her two stints as prime minister.
http://tribune.com.pk/story/142802/zabs-judicial-murder-sc-to-hear-reference-on-april-13/
Night_Hawk
Siasat.pk - Blogger
You put it very nicely, he ruined so many lives. Now they want to undo the murder conviction, can they undo the things he did?
gazoomartian
Prime Minister (20k+ posts)
I was going to write more or less the same thing but you beat me to it. On national level I tend to think he was framed by the CIA in the murder of Qasuri because he had big mouth and little brain. If he didnt brag about 'Islamic Bomb' and worked on it quietly like India did, he would have been succesful just about the time that India tested nuke. Kissinger had said to him 'If you dont stop work on the nukes, we will show you' And show he did. CIA framed him in the murder.
On the religious level, I believe Allah made him pay for breaking away East Pakistan. If he had only let Mujeeb take the power in Islamabad, EP would still be with us. So ZAB's hanging was the punishment to him for breaking my East Pak.
wallah-o-alam bissawab
Raaz
(50k+ posts) بابائے فورم
The three main characters of East Pakisten were killed badly with their families...
Indra Dandhi was shot dead , her two sons were killed badly.
Bhutto got hanged and his sons and daughter was killed badly.
Mujeeb was shot dead with his whole family ...except Haseena Wajid , who was in Germany .
This is revenge of Nature....
Last edited:
QaiserMirza
Chief Minister (5k+ posts)
Reopening of Z. A. Bhutto's case - Who was Who When Bhutto was hanged??
بدلتا ہے رنگ آسمان کیسے کیسے
Raaz
(50k+ posts) بابائے فورم
Re: Reopening of Z. A. Bhutto's case
Practically , they want to kill Bhutto once again.
Definitely SC could do at this stage.
And I prey that they will fell in the same pit , they have dug for people and SC.
Practically , they want to kill Bhutto once again.
Definitely SC could do at this stage.
And I prey that they will fell in the same pit , they have dug for people and SC.
alibaba222
Minister (2k+ posts)
Re: Reopening of Z. A. Bhutto's case
ye sab daramy bazi he wo tu Allah ko ab apna hisab dey raha ho ga. mulki masial per tawaja day bhutto nay ab wapis thora ana he ,court may time zeya kerny ke bajy us key ley quran kahwani kerway jis may bhutto ke rooh ko fiyda bhee hoo
ye sab daramy bazi he wo tu Allah ko ab apna hisab dey raha ho ga. mulki masial per tawaja day bhutto nay ab wapis thora ana he ,court may time zeya kerny ke bajy us key ley quran kahwani kerway jis may bhutto ke rooh ko fiyda bhee hoo
karachiwala
Prime Minister (20k+ posts)
Re: Reopening of Z. A. Bhutto's case
Why is PPP not trying to act on the BB case?? Is this a camouflage/smoke screen to kill the BB case???
Why is PPP not trying to act on the BB case?? Is this a camouflage/smoke screen to kill the BB case???
mdanishtaha
Politcal Worker (100+ posts)
Re: Reopening of Z. A. Bhutto's case
Asli Lotyyyyyyyyyy
بدلتا ہے رنگ آسمان کیسے کیسے
Asli Lotyyyyyyyyyy
canadian
Chief Minister (5k+ posts)
Reopening Of Shaheed Bhutto Murder Case!! By: Nawab Mumtaz Ali Bhutto.
The real question
Nawab Mumtaz Ali Bhutto
Saturday, April 09, 2011
We have just witnessed another festival on Shaheed Zulfikar Ali Bhuttos death anniversary. I use the word festival deliberately because what transpires at the family graveyard of this branch of the Bhutto family, at Garhi Khuda Buksh, is nothing short of a political mela which most of the visitors celebrate rather than mourn the occasion with the solemnity and dignity that it deserves. This is not surprising since 90 percent of ministers, senators, MNAs and MPAs who flock to the graveyard are those who opposed Shaheed Bhutto in his lifetime and some even rejoiced at his murder.
However, this time around, Zardari and his team have out done themselves in submerging into the Bhutto ethos by filing a petition in the Supreme Court for reopening the Bhutto murder case. The whole world already treats Bhuttos hanging as judicial murder. This includes one of the judges who passed the death sentence.
Nevertheless, 32 years later while his sons, daughters and posthumous son-in-law, did not feel the need to take this step even though they were in power twice before, Zardari has now deemed it expedient to open the case, which is likely to open up a Pandoras box of some forgotten and concealed truths.
A strong view is that the case is being reopened to divert attention from the fact that three years have gone by and no convincing action has been taken against Shaheed Benazir Bhuttos killers even though Zardari had, earlier on, professed to know who they were. The UN Commission, after a two-year investigation, has named ministers closest to Zardari, who need to be interrogated. There is also the disclosure of a phone call asking Benazir to appear out of the sunroof of the car and so on.
Zardari declaring in his petition that in Islam no one is above the law has also been noted as negating his presidential immunity from facing the variety of murder and corruption cases against him. But the real question Zardari is running away from is: After three years of his rule, what have the people got?
He may run but he cannot hide from the answer that, the people have got nothing but uncontrolled lawlessness, rampant corruption, non availability of basic amenities, a shattered economy, no foreign policy except total submission to US suzerainty and hollow claims of reforms which break down on scrutiny.
The essence of the current governmental strategy is to rule by spreading corruption and keep the people entangled in chasing a buck while the ship of the state is sinking. Even the fate of the Benazir Income Support Scheme is dismal: Transparency International disclosed that in the first year, out of the Rs 90 billion earmarked for distribution, only Rs 17 billion reached the people while the rest disappeared into deep pockets. Similarly, the first installment on the Watan Card got worn down from Rs 20,000 to Rs 10,000 by the time it got to the intended beneficiaries.
The politicians, who are well entrenched at the banquet of Reconciliation, are of course parties to the state of affairs and too full to complain. Then there are those who are left out but living on hope. This is a totally foreign made, backed and run government, they say, which has been put in place by removing Shaheed Benazir from the scene.
The sponsoring powers will give full protection to this government and not allow any change. Others say that any political upheaval now will bring in the armed forces and another 10 years of military rule so we must endure the remaining two years of the current agony until elections, with the hope that it will be fair and free (fat chance).
There are even those who feel that the country is beyond redemption as Zardari has conclusively destroyed all state institutions and replaced honest and efficient officials with his jail mates and notoriously corrupt bureaucrats to the extent that even NAB has been turned into a venue of protection rather than punishment of the corrupt. So much so that it is now the task of the Supreme Court to take suo moto notice and initiate action.
In such circumstances, to take on the gargantuan task of cleaning up the mess is an unfathomable challenge. But history records many situations of a similar nature where unknown leaders have sprung up from the masses and led them to victory over the evil forces of corruption and chaos. All great revolutions in history such as the French, Russian and Chinese came about in this manner.
Recently, people have risen in Kyrgyzstan, Georgia and the Ukraine and of course there are the ongoing Arab revolts. Who knew Danton and Robespierre, Lenin and Mao, Mustafa Kemal Ataturk and Colonel Nasar, Ahmed Sukarno and Fidel Castro before they rose to recognition? Who is leading the Arab revolts? At home, an unknown Shaheed Zulfikar Ali Bhutto also emerged from a military dictatorship and defeated the same.
This raises the inevitable question have we become such a dead nation as to stand by and allow a bunch of hoodlums to devour the country? Surely not.
The writer is chairman of the Sindh National Front.
(http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=40595&Cat=9)
The real question
Nawab Mumtaz Ali Bhutto
Saturday, April 09, 2011
We have just witnessed another festival on Shaheed Zulfikar Ali Bhuttos death anniversary. I use the word festival deliberately because what transpires at the family graveyard of this branch of the Bhutto family, at Garhi Khuda Buksh, is nothing short of a political mela which most of the visitors celebrate rather than mourn the occasion with the solemnity and dignity that it deserves. This is not surprising since 90 percent of ministers, senators, MNAs and MPAs who flock to the graveyard are those who opposed Shaheed Bhutto in his lifetime and some even rejoiced at his murder.
However, this time around, Zardari and his team have out done themselves in submerging into the Bhutto ethos by filing a petition in the Supreme Court for reopening the Bhutto murder case. The whole world already treats Bhuttos hanging as judicial murder. This includes one of the judges who passed the death sentence.
Nevertheless, 32 years later while his sons, daughters and posthumous son-in-law, did not feel the need to take this step even though they were in power twice before, Zardari has now deemed it expedient to open the case, which is likely to open up a Pandoras box of some forgotten and concealed truths.
A strong view is that the case is being reopened to divert attention from the fact that three years have gone by and no convincing action has been taken against Shaheed Benazir Bhuttos killers even though Zardari had, earlier on, professed to know who they were. The UN Commission, after a two-year investigation, has named ministers closest to Zardari, who need to be interrogated. There is also the disclosure of a phone call asking Benazir to appear out of the sunroof of the car and so on.
Zardari declaring in his petition that in Islam no one is above the law has also been noted as negating his presidential immunity from facing the variety of murder and corruption cases against him. But the real question Zardari is running away from is: After three years of his rule, what have the people got?
He may run but he cannot hide from the answer that, the people have got nothing but uncontrolled lawlessness, rampant corruption, non availability of basic amenities, a shattered economy, no foreign policy except total submission to US suzerainty and hollow claims of reforms which break down on scrutiny.
The essence of the current governmental strategy is to rule by spreading corruption and keep the people entangled in chasing a buck while the ship of the state is sinking. Even the fate of the Benazir Income Support Scheme is dismal: Transparency International disclosed that in the first year, out of the Rs 90 billion earmarked for distribution, only Rs 17 billion reached the people while the rest disappeared into deep pockets. Similarly, the first installment on the Watan Card got worn down from Rs 20,000 to Rs 10,000 by the time it got to the intended beneficiaries.
The politicians, who are well entrenched at the banquet of Reconciliation, are of course parties to the state of affairs and too full to complain. Then there are those who are left out but living on hope. This is a totally foreign made, backed and run government, they say, which has been put in place by removing Shaheed Benazir from the scene.
The sponsoring powers will give full protection to this government and not allow any change. Others say that any political upheaval now will bring in the armed forces and another 10 years of military rule so we must endure the remaining two years of the current agony until elections, with the hope that it will be fair and free (fat chance).
There are even those who feel that the country is beyond redemption as Zardari has conclusively destroyed all state institutions and replaced honest and efficient officials with his jail mates and notoriously corrupt bureaucrats to the extent that even NAB has been turned into a venue of protection rather than punishment of the corrupt. So much so that it is now the task of the Supreme Court to take suo moto notice and initiate action.
In such circumstances, to take on the gargantuan task of cleaning up the mess is an unfathomable challenge. But history records many situations of a similar nature where unknown leaders have sprung up from the masses and led them to victory over the evil forces of corruption and chaos. All great revolutions in history such as the French, Russian and Chinese came about in this manner.
Recently, people have risen in Kyrgyzstan, Georgia and the Ukraine and of course there are the ongoing Arab revolts. Who knew Danton and Robespierre, Lenin and Mao, Mustafa Kemal Ataturk and Colonel Nasar, Ahmed Sukarno and Fidel Castro before they rose to recognition? Who is leading the Arab revolts? At home, an unknown Shaheed Zulfikar Ali Bhutto also emerged from a military dictatorship and defeated the same.
This raises the inevitable question have we become such a dead nation as to stand by and allow a bunch of hoodlums to devour the country? Surely not.
The writer is chairman of the Sindh National Front.
(http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=40595&Cat=9)
hans
Banned
Re: Reopening of Z. A. Bhutto's case - Who was Who When Bhutto was hanged??
Why may I ask Non PPP members so worried about BB murder cover-up. While PPP members seem very quite on this issue.
My Question would be.. do you know who killed Nawabzada Liaquat Ali Khan, the second son of Nawab Rustam Ali Khan? Cause and Reason for his killing? Ever tried to expose the hidden hand?
Then why worry about BB, or Z.A.B or His Sons.... Why in every Tea party and dinner set of question regarding "why Altaf Hussain not coming to Pakistan? ... We all know the answer... but then who needs to Bark like a Dog, when you know the Questions are coming out a mouth of a Dog.
Why may I ask Non PPP members so worried about BB murder cover-up. While PPP members seem very quite on this issue.
My Question would be.. do you know who killed Nawabzada Liaquat Ali Khan, the second son of Nawab Rustam Ali Khan? Cause and Reason for his killing? Ever tried to expose the hidden hand?
Then why worry about BB, or Z.A.B or His Sons.... Why in every Tea party and dinner set of question regarding "why Altaf Hussain not coming to Pakistan? ... We all know the answer... but then who needs to Bark like a Dog, when you know the Questions are coming out a mouth of a Dog.
Muhammad Tauseef A. Bajwa
Senator (1k+ posts)
President has not asked a specific question-CJ
Court asks Babar Awan to indicate which decision against Bhutto is to be reviewed " No one can deny the importance of the case but the question of law is very important Chief Justice of Pakistan Iftikhar Muhammad Chaudhry
President Asif Ali Zardari has not framed a specific legal question in his reference to the Supreme Court requesting a re-examination of the death sentence against former prime minister Zulfikar Ali Bhutto, said Chief Justice Iftikhar Muhammad Chaudhry on Thursday.
At a preliminary hearing to review the three-decade-old case, the chief justice pointed out that there were three separate court decisions against the former prime minister and President Zardari has not specified which one he would like to have re-examined.
No one can deny the importance of the case but the question of law is very important, said the chief justice.
Article 186 of the constitution authorises the president to refer any legal matter to the Supreme Court for its opinion, obliging the apex court to respond. The chief justice acknowledged the court's constitutional responsibility during the course of the day's hearings.
Meanwhile, former law minister Babar Awan sought permission to present arguments on behalf of the president after informing the court that the Pakistan Bar Council had renewed his licence to practice law and that he had tendered his resignation from the cabinet, which the acting president had accepted. The court had earlier objected to a cabinet minister appearing on behalf of the federation in the case, saying that it was against the law for him to do so.
Awan accepted that the question was not framed correctly. He then proceeded to argue that former chief justice Syed Naseem Hasan Shah, then a justice on the apex court, admitted in his autobiography titled Memoirs and Reflections that the verdict against former Prime Minister Bhutto was delivered under pressure from then-President General Muhammad Ziaul Haq.
Awan also cited evidence from two other books, including Bhuttos own If I am assassinated.
The chief justice suggested books of his own, recommending The Leopard and the Fox by Tariq Ali.
Justice Sair Ali asked Awan
whether the advice of the prime minster was sought on the specific question of the law. Awan replied that the whole cabinet was given a briefing before filing the reference and it was unanimously decided to file the reference and it was later sent to the prime minster for endorsement.
The chief justice asked Awan to read the summary sent to the prime minister and observed that no question of law was placed before him.
The court then adjourned further hearings on the case till April 18, asking Awan to take the time to frame an acceptable legal question for the court to consider.
Court asks Babar Awan to indicate which decision against Bhutto is to be reviewed " No one can deny the importance of the case but the question of law is very important Chief Justice of Pakistan Iftikhar Muhammad Chaudhry
President Asif Ali Zardari has not framed a specific legal question in his reference to the Supreme Court requesting a re-examination of the death sentence against former prime minister Zulfikar Ali Bhutto, said Chief Justice Iftikhar Muhammad Chaudhry on Thursday.
At a preliminary hearing to review the three-decade-old case, the chief justice pointed out that there were three separate court decisions against the former prime minister and President Zardari has not specified which one he would like to have re-examined.
No one can deny the importance of the case but the question of law is very important, said the chief justice.
Article 186 of the constitution authorises the president to refer any legal matter to the Supreme Court for its opinion, obliging the apex court to respond. The chief justice acknowledged the court's constitutional responsibility during the course of the day's hearings.
Meanwhile, former law minister Babar Awan sought permission to present arguments on behalf of the president after informing the court that the Pakistan Bar Council had renewed his licence to practice law and that he had tendered his resignation from the cabinet, which the acting president had accepted. The court had earlier objected to a cabinet minister appearing on behalf of the federation in the case, saying that it was against the law for him to do so.
Awan accepted that the question was not framed correctly. He then proceeded to argue that former chief justice Syed Naseem Hasan Shah, then a justice on the apex court, admitted in his autobiography titled Memoirs and Reflections that the verdict against former Prime Minister Bhutto was delivered under pressure from then-President General Muhammad Ziaul Haq.
Awan also cited evidence from two other books, including Bhuttos own If I am assassinated.
The chief justice suggested books of his own, recommending The Leopard and the Fox by Tariq Ali.
Justice Sair Ali asked Awan
whether the advice of the prime minster was sought on the specific question of the law. Awan replied that the whole cabinet was given a briefing before filing the reference and it was unanimously decided to file the reference and it was later sent to the prime minster for endorsement.
The chief justice asked Awan to read the summary sent to the prime minister and observed that no question of law was placed before him.
The court then adjourned further hearings on the case till April 18, asking Awan to take the time to frame an acceptable legal question for the court to consider.
Muhammad Tauseef A. Bajwa
Senator (1k+ posts)
SC points out legal lacuna
SC points out legal lacuna
By: Terence J Sigamony | Published: April 15, 2011
ISLAMABAD Babar Awan, the former federal law minister who resigned to be the federations counsel in the ZAB murder reference, on Thursday could not satisfy the Supreme Court on the term the Question of Law raised in the reference.
Chief Justice Iftikhar Muhammad Chaudhry, heading a three-member bench, said there was some lacuna in drafting of the reference. Justice Sair Ali asked the PPP leader to limit it to Article 186 as the court has to set the mechanics of the case.
Article 186 of the Constitution empowers the President to refer any question of public importance to the Supreme Court to get its opinion. The apex court has the authority to consider the question referred to it by the President and give its opinion.
The chief justice asked Babar Awan to explain the definition of term Question of Law.
Dont show haste in the case as the court is seriously hearing it, the counsel was told.
The CJ said the whole world is looking at the case (of Zulfiqar Ali Bhutto). He asked Babar to put everything before the court in a proper manner. He said the court has to issue notices to the Attorney General of Pakistan and have to engage amicus curiae in the case.
The chief justice said references are sent to the court with a specific question for which answers are required. He said references were filed in the court in the past as well on issues like that of trouble in passing budget in Balochistan and Hasba Bill.
Justice Sair Ali stated that the advice of the Prime Minister was not sought on the specific question of law. It reveals the mind of the movers, as they were asking the court to revisit the case instead through the Question of Law, he said.
Babar Awan, in order to dispel this impression, said the reference was placed before the entire cabinet in which not only the PPP ministers, but also the coalition parties members supported the government stance on the presidential reference, filed under Article 186. He said the issue was taken even in the PPP Central Executive Committee meeting.
SC points out legal lacuna
By: Terence J Sigamony | Published: April 15, 2011
ISLAMABAD Babar Awan, the former federal law minister who resigned to be the federations counsel in the ZAB murder reference, on Thursday could not satisfy the Supreme Court on the term the Question of Law raised in the reference.
Chief Justice Iftikhar Muhammad Chaudhry, heading a three-member bench, said there was some lacuna in drafting of the reference. Justice Sair Ali asked the PPP leader to limit it to Article 186 as the court has to set the mechanics of the case.
Article 186 of the Constitution empowers the President to refer any question of public importance to the Supreme Court to get its opinion. The apex court has the authority to consider the question referred to it by the President and give its opinion.
The chief justice asked Babar Awan to explain the definition of term Question of Law.
Dont show haste in the case as the court is seriously hearing it, the counsel was told.
The CJ said the whole world is looking at the case (of Zulfiqar Ali Bhutto). He asked Babar to put everything before the court in a proper manner. He said the court has to issue notices to the Attorney General of Pakistan and have to engage amicus curiae in the case.
The chief justice said references are sent to the court with a specific question for which answers are required. He said references were filed in the court in the past as well on issues like that of trouble in passing budget in Balochistan and Hasba Bill.
Justice Sair Ali stated that the advice of the Prime Minister was not sought on the specific question of law. It reveals the mind of the movers, as they were asking the court to revisit the case instead through the Question of Law, he said.
Babar Awan, in order to dispel this impression, said the reference was placed before the entire cabinet in which not only the PPP ministers, but also the coalition parties members supported the government stance on the presidential reference, filed under Article 186. He said the issue was taken even in the PPP Central Executive Committee meeting.
Muhammad Tauseef A. Bajwa
Senator (1k+ posts)
Legal questions missing in Bhutto case reference: SC
Legal questions missing in Bhutto case reference: SC
By Nasir Iqbal |
Zulfikar Ali Bhutto. File Photo
ISLAMABAD: The Supreme Court pointed out on Monday the absence of questions of law in the presidential reference relating to the Z.A. Bhutto case and suggested that the reference be sent back so that the presidency could clarify what it meant by asking the court to revisit the Bhutto trial.
It will serve the purpose if the worthy president reframes the reference and returns it (to the Supreme Court) by tomorrow, Chief Justice Iftikhar Mohammad Chaudhry suggested to Advocate Babar Awan, who is representing the president in the reference. Neither you are alien to us nor we to you. Besides, the entire nation knew about the case, the chief justice said.
The Supreme Court, which has taken up the presidential reference filed under Article 186 (1 and 2) of the Constitution seeking the courts opinion on the controversial death sentence given to Zulfikar Ali Bhutto, pointed out at the last hearing that the reference did not contain specific questions to answer in terms of the article.
The bench hinted that the matter was still at the preliminary stage till a larger bench was formed and amici curiae appointed to assist it.The court indicated that it might seek a classified inquiry report on the execution of the former prime minister conducted by former Supreme Court judge Shafiur Rehman.
Mr Awan said he could go to the president immediately to ensure that the questions of law were with the court by the evening but requested the court not to get bogged down in hyper-technicalities. Everybody knew that miscarriage of justice had taken place in the case, he said.
Talking to reporters outside the court, Sindh Chief Minister Qaim Ali Shah, who had come to witness the proceedings along with his cabinet colleagues and members of the provincial assembly, said the court should not go into technicalities in this matter because it involved the sensitivities of the people, especially of Sindh, who wanted to see a historical wrong undone.
Citing a book, If I am assassinated, written by the former prime minister himself, and another by Tariq Ali titled Leopard and fox, Mr Awan tried to establish bias of the judges who had tried Mr Bhutto and said the bias was one of the questions of law that had vitiated the entire court proceedings.
These are not adversarial proceedings and if you desire so the court is willing to give its opinion on bias even today, the chief justice said.
At the outset, the counsel presented some formulations, asking whether the decisions of the Lahore High Court and the Supreme Court in the conspiracy to murder case against Mr Bhutto met the requirements of fundamental rights guaranteed in the Constitution. He asked if the superior court judgments amounted to miscarriage of justice reflecting a glaring bias against Mr Bhutto.
He asked whether the pronouncements against Mr Bhutto by the superior judiciary met the requirements set by the Holy Quran in a number of verses and Ahadith.
But the chief justice made it clear that no-one except the president had the authority or the prerogative to formulate questions in the reference.
Reading out different annexures, Justice Sair Ali said no specific questions of law were before the president and the prime minister at the time of the approval of the reference, nor before the cabinet when it endorsed the proposal for revisiting the execution of Mr Bhutto.
The court adjourned the matter for Thursday with an order stating that the counsel argued the case touching preliminary points relating to the question of law in terms of Article 186 and also referring to two Supreme Court judgments relating to the 2001 SGS case and the 2009 Nawaz Sharif case, but asked for time to dilate upon the issue.
Legal questions missing in Bhutto case reference: SC
By Nasir Iqbal |
Zulfikar Ali Bhutto. File Photo
ISLAMABAD: The Supreme Court pointed out on Monday the absence of questions of law in the presidential reference relating to the Z.A. Bhutto case and suggested that the reference be sent back so that the presidency could clarify what it meant by asking the court to revisit the Bhutto trial.
It will serve the purpose if the worthy president reframes the reference and returns it (to the Supreme Court) by tomorrow, Chief Justice Iftikhar Mohammad Chaudhry suggested to Advocate Babar Awan, who is representing the president in the reference. Neither you are alien to us nor we to you. Besides, the entire nation knew about the case, the chief justice said.
The Supreme Court, which has taken up the presidential reference filed under Article 186 (1 and 2) of the Constitution seeking the courts opinion on the controversial death sentence given to Zulfikar Ali Bhutto, pointed out at the last hearing that the reference did not contain specific questions to answer in terms of the article.
The bench hinted that the matter was still at the preliminary stage till a larger bench was formed and amici curiae appointed to assist it.The court indicated that it might seek a classified inquiry report on the execution of the former prime minister conducted by former Supreme Court judge Shafiur Rehman.
Mr Awan said he could go to the president immediately to ensure that the questions of law were with the court by the evening but requested the court not to get bogged down in hyper-technicalities. Everybody knew that miscarriage of justice had taken place in the case, he said.
Talking to reporters outside the court, Sindh Chief Minister Qaim Ali Shah, who had come to witness the proceedings along with his cabinet colleagues and members of the provincial assembly, said the court should not go into technicalities in this matter because it involved the sensitivities of the people, especially of Sindh, who wanted to see a historical wrong undone.
Citing a book, If I am assassinated, written by the former prime minister himself, and another by Tariq Ali titled Leopard and fox, Mr Awan tried to establish bias of the judges who had tried Mr Bhutto and said the bias was one of the questions of law that had vitiated the entire court proceedings.
These are not adversarial proceedings and if you desire so the court is willing to give its opinion on bias even today, the chief justice said.
At the outset, the counsel presented some formulations, asking whether the decisions of the Lahore High Court and the Supreme Court in the conspiracy to murder case against Mr Bhutto met the requirements of fundamental rights guaranteed in the Constitution. He asked if the superior court judgments amounted to miscarriage of justice reflecting a glaring bias against Mr Bhutto.
He asked whether the pronouncements against Mr Bhutto by the superior judiciary met the requirements set by the Holy Quran in a number of verses and Ahadith.
But the chief justice made it clear that no-one except the president had the authority or the prerogative to formulate questions in the reference.
Reading out different annexures, Justice Sair Ali said no specific questions of law were before the president and the prime minister at the time of the approval of the reference, nor before the cabinet when it endorsed the proposal for revisiting the execution of Mr Bhutto.
The court adjourned the matter for Thursday with an order stating that the counsel argued the case touching preliminary points relating to the question of law in terms of Article 186 and also referring to two Supreme Court judgments relating to the 2001 SGS case and the 2009 Nawaz Sharif case, but asked for time to dilate upon the issue.
