ISLAMABAD, MARCH 06 (ONLINE): Supreme Court (SC) has remarked former Prime Minister (PM) Zulfiqar Ali Bhutto was not afforded opportunity of fair trial in the murder case.
A nine-member bench of SC presided over by the Chief Justice of Pakistan (CJP) Qazi Faez Isa in a unanimous decision, declared that injustice was done as Bhutto was denied a fair trial opportunity. It’s a violation of law and constitution.
The CJP Qazi Faez Isa read out the decision remarking 5 questions have been raised in presidential reference. The review petition was dismissed in Zulfiqar Ali Bhutto case. The final decision was made.
He remarked our opinion is this Zulfiqar Ali Bhutto was not allowed opportunity to fair trial in the case. we judges are bound to decide as per law and administer equal justice to every one. There should be self accountability in the judiciary. We are all set to set right past mistakes. There are certain cases in the history which gave the impression that judiciary gave decision in fear. We cannot go ahead in right direction without accepting past mistakes.
The CJP remarked that it was unanimous opinion of the SC in Bhutto presidential reference that no government withdrew the presidential reference filed by PPP government.
The trial of former PM Zulfiqar Bhutto took place in Lahore High Court (LHC) in military regime of Zia ul Haq .
The president gave opportunity to see the decision of Bhutto case by filing reference. President filed reference which was not withdrawn by the other governments.
It was said in the decision that Zulfiqar Ali Bhutto trial was not transparent. The sentence awarded to him was not as ;per fundamental rights enshrined in the constitution.
It has been said in the decision no legal procedure is there to change the sentence awarded to Zulfiqar Ali Bhutto. The law and constitution does not provide such mechanism to nullify decision in Bhutto case now.
The SC returned the second question without giving any opinion. Legal point was not raised in second question.
The court gave reply to questions no 3 and 5 collectively. SC cannot review the evidences again.
The forth question was to review the conviction in accordance with Islamic norms. No one assisted the court on the matter of Islamic ;principles.
This is matter of public interest and the detailed opinion will be given later.
The court announced the reserved verdict on the presidential reference against the judicial murder of PPP chairman Zulfikar Ali Bhutto on Wednesday.
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