A nine-member larger bench of the Supreme Court (SC) is set to hear a presidential reference today, aiming to re-examine the 1979 death sentence of former Prime Minister Zulfikar Ali Bhutto.
The bench, led by Chief Justice of Pakistan Qazi Faez Isa, comprises notable justices, including Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, and others. The hearing started after the Pakistan People’s Party (PPP) submitted comprehensive written comments and additional documents to the Apex court. The submission includes book references, transcripts, and video interviews, notably from former Chief Justice Naseem Hassan Shah.
The case dates back to when Zulfikar Ali Bhutto was sentenced to death during General (retired) Ziaul Haq’s regime, accused of the murder of political rival Nawab Mohammed Ahmed Qasuri. Despite international appeals, Bhutto was executed on April 4, 1979. The PPP’s founder’s trial and its aftermath have long been a subject of debate and legal scrutiny.
During the last hearing in December 2023, Justice Mansoor Ali Shah questioned the maintainability of the presidential reference. The focus is on the constitutional aspects, particularly regarding reopening a case that has reached finality. The court seeks clarity on revisiting such a judgment and its implications.
Former President Asif Ali Zardari initiated this reference in 2011 under Article 186 of the Constitution. The question now revolves around the legitimacy and scope of the Supreme Court’s involvement in revisiting a case of such historical and legal significance. The upcoming hearing will delve into these intricate legal and constitutional matters.
