ISLAMABAD : Supreme Court of Pakistan has started hearing of reopening of case of former prime minister Zaulifqar Ali
Bhutto on daily bases.
During the hearing, one amicus curiai Khalid Anwar Advocate refused to assist
the court and court replaced him with new amicus curiai Qazi Muhammad Ashraf
Advocate.
The government would provide transportation, accommodation and other
facilities to court amicus curiais.
During the hearing prominent lawyer A K Dogar filed petition against
reference, which court accepted and issued notes to Attorney General and Court
friends. Chief Justice Iftikhar Muhammad Chaudhry headed the 11 member
larger-bench on Monday.
As court started the hearing A K Dogar told the court that he has filed a
petition against the reference that should be heard, CJ replied that we would
hear everyone and no aspect would remain incomplete.
Babar Awan Advocate presented arguments from the federation side; he read the
presidential reference and questions before the court. Babar Awan had the view
that no case is heard like this in this history because its hearing and judgment
were done in a so much hurry.
He said that during the hearing in High Court requirement of law of evidence
were not completed and apex court did not enquire case completely.
He said that this is the first case in the history, which was transferred to
high court from trail court and it is not mentioned in the record that who give
application to transfer the case. Babar Awan said that decade of 70 was an
unforgettable in the national and international history and it is needed to be
corrected because a dictator does drama with an elected prime minister.
He argued that as democracy is growing in the country that’s why he brought
into confidence to president and prime minister to bring out the fact before the
court. He said that Justice Naseem Hasan Shah statement shows that ZA Bhutto’s
murder was a judicial murder.
He said that murder case of Ahmed Raza Kausri against ZA Bhutto was lodged
on11 November 1974 in Achara Lahore and court investigated against former PM but
it was submitted in office because no evidences were available.
Chief Justice said that we do not have relation with any party and court
would hear the reference which president has sent. The court asked Babar Awan
that case against ZA Bhutto was registered in 1974 but in 1977 how investigation
of the case started again. The court stated that till 1975 this case was
in-traced that means no evidences were available in the case then in 1977 how
this case again become alive.
The court asked to bring the case with details in line from FIR to trial for
the clarity. CJ said that court is bound to constitution and bench would enquire
the questions which president sent to court. The hearing of reference case
continued till the break of court however court directed ministry of law and
justice that the government should bear the expenditures of amicus curiais
boarding, TADA and other expenses.
CJ thanked the friends of the court for appearing in the court. CJ also
thanked the Barrister Atizaz Ahsan for appearing in court after two years and
Atizaz replied to CJ that he appeared after four year before the chief justice.
The court adjourned the further hearing till today (Tuesday). SANA
