AG to start arguments in ZAB reference today

Counsel of federation Babar Awan has completed his arguments in former prime minister Zaulfiqar Ali Bhutto (ZAB) reference case in apex court and Attorney General for Pakistan (AGP) Maulvi Anwarul Haq as chief law officer of the country will start his arguments in the court today (Wednesday).

Eleven-member larger bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry heard the presidential reference filed for revisiting the ZA Bhutto case on Tuesday.

Chief Justice remarked that if the new evidences would be provided than the trial court would be the appropriate forum to examine the new evidences, adding that SC could not play the role of a trial court. He said that if Babar Awan satisfied the court through his arguments, the reference would May be sent to the trial court.

CJ suggested to Awan that he should read the books written on ZA Bhutto and may observe the interviews of Bhutto,s lawyer Yahya Bakhtiar which were given by him after the trial. CJ further observed that arguments of Awan were unsatisfactory during the hearing of case.

Iftikhar Muhammad Chadhury inquired from AGP that till now justice Shafi-ur- Rehman report has not been made public and Attorney General replied that government is working to make public this report but original copy of the report is not available.

Chief Justice said that many questions are rising in Bhutto reference and court is trying to understand the things but there is a heavy responsibility on the shoulders of Attorney General and Advocate General because court wanted to reach on the right decision.

Babar Awan said in his arguments that trial of Zulfiqar Ali Bhutto was vitiated by bias and a fair opportunity was not given to the former prime minister to defend himself and despite denial of fair trial, Zulfiqar Ali Bhutto fought for justice but did not ask for pardon.

The counsel also cited a number of cases from different countries wherein the judiciary not only reopened the cases but also overturned their judgments.

Babar Awan said the presidential reference in which questions of laws have been framed also seek the apex court’s intervention since no due course of law was followed in Zulfiqar Ali Bhutto’s trial.

Court observed that the cited judgments are not relevant because in these judgments pardon had been awarded to those persons and the pardon law is available in Pakistan also, adding that the president have these powers of pardon. Court directed to AG that he should make ensure to bring the complete record of five cases against Bhutto.

Justice Shakir-ullah Jan said to the federation counsel that he should read the law of those countries because may be there would be the law about the reopening the case.

In his remarks, Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry said that the court will reach on a correct decision in the reference and set a good precedence.
  
The court asked Attorney General to place his stance as a chief law officer of the country, in the reply he said that court may hear amicus curie earlier but court refused than AG sought time till today (Wednesday) and court stated regarding the postponement of case that counsel of court are busy in their treatment or going abroad.

The court asked Babar Awan to set the time with the consultation of court counsel and Provincial Advocate Generals would contend after the Attorney General and court would take opinion from counsel after Attorney and Advocate Generals and court adjourned the hearing of case till today (Wednesday).

Later talking to the media persons, Secretary Information Pakistan People’s Party Qamar Zaman Kaira said the eyes of the entire world and the nation are fixed at this important case and expressed the confidence that the court will soon give its judgment and remove the black spot on the history. SANA