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.
It also questions the constitutionality of conducting the murder case in the Lahore High Court instead of the Sessions Court.
Article 186 and the President's right
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.
Delay and Chief Justices' inaction
The reference's last hearing took place in November 2012, with a total of 11 Chief Justices presiding over the case.
Despite their completion of duties, none appointed the case for a hearing until Chief Justice Qazi Faez Isa took the helm. The delay has raised questions about the judiciary's handling of a matter of historical significance.
Questions from presidential reference
Asif Ali Zardari's reference poses pivotal questions, challenging the legality and fairness of Bhutto's trial:
- Were Bhutto's human rights, as enshrined in the constitution, respected during the trial?
- Will the Supreme Court's decision set a precedent for all high courts, as per Article 189?
- Was the death sentence impartial and free from bias?
- Does the death penalty align with Quranic principles?
- Was the evidence and testimony presented during the trial sufficient for conviction?
Top court adjourns hearing
The Supreme Court, under Chief Justice Qazi Faez Isa, has adjourned the hearing on Bhutto's presidential reference until the second week of January.
The court has announced that the proceedings will now take place on a daily basis, indicating the renewed attention and urgency given to this decades-old case.
