On Wednesday, the Supreme Court (SC) noted that the courts had not given PPP founder Zulfikar Ali Bhutto a fair trial before his execution in 1979 by Zia’s military administration.
The Supreme Court (SCO) said in a written decision that the procedures of Zulfikar Ali Bhutto’s trial by the Lahore High Court (LHC) and the SC’s appeal failed to comply with the fundamental rights to due process and a fair trial guaranteed by Articles 4 and 9 of the Constitution.
Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali were among the nine members of the bench hearing the presidential reference.
In pronouncing the majority ruling, CJP Isa upheld the idea that judges should make unbiased decisions. “The judiciary ought to be held accountable for its actions,” he said, emphasizing that the court cannot advance if it does not acknowledge its own mistakes.
In a brief ruling, the top court brought up important issues pertaining to Bhutto’s trial. In the trial, it was questioned whether the rulings of the LHC and the SC complied with the fundamental rights protected by Article 4, sub-Articles (1) and (2)(a), Article 8, Article 9, Article 10A/due process, Article 14, and Article 25 of the Islamic Republic of Pakistan, 1973 Constitution.
“The proceedings of the trial by the Lahore High Court and of the appeal by the Supreme Court of Pakistan do not meet the requirements of the Fundamental Right to a fair trial and due process enshrined in Articles 4 and 9 of the Constitution and later guaranteed as a separate and independent Fundamental Right under Article 10A of the Constitution,” the brief ruling stated.
Former prime minister Bhutto was condemned to death by the LHC on March 18, 1978, for allegedly orchestrating the killing of PPP founder Ahmed Reza Kasuri.
On February 6, 1979, the SC affirmed the LHC ruling by a majority vote of 4 to 3. April 4 of the same year saw the execution of the PPP founder.
Former President Asif Ali Zardari filed a reference with the Supreme Court during the PPP final term of office, which lasted from 2008 to 2013, seeking an opinion after examining the Supreme Court’s and the LHC’s rulings in the ZAB issue in light of the Constitution’s guarantees of fundamental rights.
The SC had stated earlier this week that it would hold off on making a decision.
After the arguments concluded, Chief Justice Qazi Faez Isa, who was chairing the nine-member bench hearing the reference, stated that the court is holding off on rendering a decision, with a summary expected to be released prior to Senior Puisne Judge Sardar Tariq Masood of the SC retiring.
On March 8, Justice Masood is expected to retire.
Raza Rabbani, an amici curiae, was asked by Justice Isa earlier whether the court could provide a brief opinion in this case. The PPP’s Rabbani responded in the affirmative.
“To guarantee full justice, the SC may apply Article 187 of the Constitution,” he declared.
Judge Muhammad Ali Mazhar pointed out that the court would issue a decision rather than an opinion in this matter if it used Article 187.
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