The Supreme Court in Islamabad has kept its judgment pending regarding the Zulfikar Ali Bhutto case, with the Chief Justice hinting at delivering a concise verdict soon.
According to reports, a 9-judge panel led by Chief Justice Qazi Faiz Isa presided over the Zulfikar Ali Bhutto case, with judicial assistant Raza Rabbani presenting arguments.
Raza Rabbani highlighted that during Bhutto’s trial, the judiciary wasn’t operating under constitutional norms due to martial law. He pointed out the suspension of basic human rights and military prosecution under General Zia’s dictatorship. Rabbani mentioned negotiations between the opposition and the government for fresh elections, disrupted by martial law enforcement.
The Chief Justice questioned if there was an agreement, to which Rabbani clarified that although an agreement was pending, martial law was imposed, leading to arrests and coerced statements. He noted Justice Aslam Riaz Hussain’s dual roles as a Supreme Court judge and Acting Governor of Punjab during the proceedings.
Justice Jamal Khan Mandukhel suggested that anything could have occurred under martial law, including the governor overseeing the trial.
Raza Rabbani emphasized the absolute power wielded by the ruler during martial law. He cited Begum Nusrat Bhutto’s challenge against People’s Party leaders’ arrests, leading to Chief Justice Yaqoob’s removal and Justice Anwar-ul-Haq’s appointment.
Chief Justice Qazi Faiz Isa pondered if the Supreme Court could offer a concise opinion via Article 187 for complete justice.
Justice Muhammad Ali Mazhar expressed concern that using Article 187 might lead to a decision instead of an opinion.
Justice Yahya Afridi requested written details regarding biases post-execution.
Rabbani highlighted that judges took oaths under martial law regulations, devoid of constitutional backing, thus compromising fair trial processes during Bhutto’s case.
The Chief Justice aimed to conclude proceedings on the Bhutto reference that day, prompting Rabbani to mention General Zia’s biases and the absence of Bhutto’s name in FIRs related to attacks on Ahmad Raza Kasuri.
Ahmad Raza Kasuri, later on, argued that Bhutto filed a private complaint in 1977.
The Chief Justice questioned the delay in filing, given the murder occurred in 1974, and Kasuri’s family’s influential status.
The Additional Attorney General outlined the closure of investigations in the Bhutto case without proper judicial orders, suggesting governmental interference.
The Chief Justice emphasized the need for judicial independence and action against interventions.
Afterward, the court reserved its opinion on the Zulfikar Ali Bhutto reference, with Chief Justice Qazi Faiz Isa mentioning a possible further discussion before a retiring bench member’s departure.
