The Supreme Court of Pakistan (ECP) on Friday appointed murder case of former prime minister Zulfikar Ali Bhutto for the presidential reference hearing.
SC nine-member bench, headed by Chief Justice Qazi Faiz Isa, will hear the case on February 20.
Other members include Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan and Justice Jamal Khan Mandukhel.
Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi and Justice Musrat Hilali are also part of the larger bench.
The apex court had called for written arguments from the judicial assistants on the previous hearing.
In 2011, then president Asif Ali Zardari filed a reference against Zulfikar Ali Bhutto's court-ordered execution.
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The first five hearings of the case were conducted by an 11-member larger bench headed by former Chief Justice Iftikhar Chaudhary.
ZAB case timeline
Former president Asif Ali Zardari has brought back the long-dormant presidential reference on the death sentence of the late Prime Minister Zulfikar Ali Bhutto.
The reference, filed in 2011 under Article 186 of the Constitution of Pakistan, resurfaced as a 9-member Supreme Court bench, led by Chief Justice Qazi Faez Isa, took up the case on December 12.
Historical context of Bhutto's execution
Zulfiqar Ali Bhutto, the charismatic leader who saw his elected government toppled by General Zia-ul-Haq in 1977, faced a controversial trial resulting in his execution.
The reference is based on the assertion by former Supreme Court Chief Justice Naseem Hasan Shah that the trial bench was influenced by the Zia-ul-Haq government.
Article 186 of the National Constitution empowers the President to seek the Supreme Court's opinion on matters of public importance.
The current hearing revolves around five crucial questions posed by Asif Zardari, aiming to address issues related to human rights, judicial precedent, fairness of the death sentence, adherence to Quranic orders, and the sufficiency of evidence.
IN last hearing,
During the proceedings, Justice Mansoor Ali Shah asked the counsel what the legal question in the reference was and if the court should comment on the interview of one of the seven judges on the bench that delivered the verdict against Bhutto or have it investigated.
CJP Isa remarked that considering the ratio with which the decision was delivered, even one judge’s opinion was important.
The CJP remarked that presently, the court was looking at the dignity of a person and the integrity of the law. “The court wants to set a good example,” he added.
The top judge also remarked: “It must be seen whether the Supreme Court was guilty, the prosecution, or the martial law administrator at the time.”
Amicus curiae Makhdoom Ali Khan informed the court that the basis of the Bhutto presidential reference was the interview of former chief justice Naseem Hasan Shah. CJP Isa directed the court staff to de-seal the copy of the interview sent to the court by the channel concerned.
During the hearing, Barrister Salahuddin Ahmed, another amicus curiae said his wife was the granddaughter of Nawab Ahmed Kasuri, and asked if the parties had any objection to his assistance. Lawyer Farooq H. Naik said Bhutto's heirs had no objection.
Similarly, Advocate Khawaja Haris said his father was the lawyer of DG FSF Masood Mahmood in the Bhutto case and asked if any party had any objection to him. The CJP nobody had any objection to him and that everyone trusted his objectivity.
However, Raza Rabbani objected to Khawaja Haris being an amicus curiae, at which the former disassociated himself.
PTV MD appointment case
The case of appointment of Atta-ul-Haq Qasmi as Pakistan Television (PTV) managing director (MD) has been fixed for hearing.
Revision petitions of Pervez Rashid and Ishaq Dar against the amount of fine are fixed
Fawad Hasan Fawad and Ata ul Haq Qasmi's revision petitions will also be heard on February 23.
The PTV MD appointment case will be heard by a division member bench headed by the Chief Justice Qazi Faiz Isa on February 23.
The court had ordered recovery from concessionaires on the illegal deployment of PTV MD.
The Supreme Court had ordered to collect a total of Rs300 million from the petitioners.
The case of the appointment of the Atta-ul-Haq Qasmi as PTV MD.
The court had ordered the recovery of allowances from those responsible for the illegal appointment.
