Chief Justice of Pakistan Justice Qazi Faez Isa questioned was this case (Zulfiqar Ali Bhutto judicial murder case) was not an opportunity for both institutions Armed Forces of Pakistan and the Supreme Court to get rid of the accusations against themselves.
“The army does not impose martial law as an institution. Some people act as individuals. Sometimes there has to be a new beginning, so isn’t this an opportunity? Isn’t it an opportunity for institutions to be indifferent to them by blaming for wrongdoings on the same individuals? Chief Justice remarked.
“We are living in the past and history is not good,” Chief Justice remarked.
Chief Justice of Pakistan Justice Qazi Faez Isa remarked and questioned could we ignore the “Elephant in the room martial law” in ZAB case as the one who abrogate Constitution had an interest in this matter.
“A court established under martial law cannot be regarded as a general court,” the Chief Justice said
Justice Mansoor Ali Shah inquired was the oath taken under the PCO at that time, to which, Makhdoom Ali Khan replied in affirmative.
The bench included Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali.
The presidential reference was filed in April 2011 by former president Asif Ali Zardari,Bhutto’s son-in-law, to review a 44-year-old death sentence. The reference sought a review of the death penalty, awarded 4-3 by a seven-member Supreme Court bench in February 1979, which was later implemented when Bhutto was hanged in April 1979.
On December 123, 2023, after more than 11 years, the nine-member larger bench of the Supreme Court headed by Chief Justice of Pakistan Qazi Faez Isa heard the presidential reference filed in April 2011 against the death sentence awarded to former prime minister Zulfikar Ali Bhutto. The CJP dictated the verdict of last hearing and adjourned the case hearing till January 2024.
Chairman PPP Bilawal Bhutto Zardari along with Raza Rabbani, Faisal Karim Kundi, Sherry Rehman, Sarfraz Bugti, Nadeem Afzal Chan and Farooq H Naik were present during the case hearing at Supreme Court of Pakistan.
Iftikhar Ahmed’s interview
CJP asked what did Naseem Hasan Shah said in Iftikhar Ahmed’s interview and where did him said in the interview that he was pressured to make a decision.
“Naseem Hassan Shah said that we could have got the benefit of the doubt, but there were weaknesses of judges and even Yahya Bakhtiar made us angry,” to which CJP Isa asked how could a lawyer be accused of whole case.
“If he (lawyer Yahiya Bakhtiyar) had offended, Justice Naseem Hassan Shah would have stopped hearing the case or would have done justice. We also get angry many times, but definitely not effect it on the decision of the case. The client should not be punished for the lawyer’s conduct,” CJ said.
