ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad
Chaudhry has said all people eyes are set on Bhutto reference case.
CJP
gave these remarks while presiding over 11-member larger bench of
Supreme Court (SC) during the course of hearing of Bhutto reference
here Wednesday.
Giving the arguments Attorney General (AG) took
the plea execution of Bhutto was carried out in haste. Any culprit is
executed within 7 to 21 days following the issuance of death warrant.
But hastiness was shown while executing Bhutto, he added. Lahore High
Court played the role of trial court while it should have played role
of appellate court. SC has maintained high court is not trial court, he
argued.
Justice Shakir Ullah Jan observed if the irregularities
being pointed out by you in Bhutto case have been made part of
reference.
AG said counsel for president had already given his
arguments in details in this respect. Justice Sair Ali remarked if the
court should consider that you were giving the arguments as federation
counsel.
CJP remarked, “ you are AG. Your status is greater.
Yahya Bakhtiar used to give arguments in your place . You should guide
the court in constitutional matters. It is not case of a common man but
it is case of very important person. All the world have set their eyes
on this case”.
During the course of hearing Justice Javed Iqbal
remarked “ the matters which are decided in appeal can not be raised in
reference”. We have to see if the scope of article 186 can be broadened
to meet the ends of justice”, he further remarked.
Justice
Ghulam Rabbani observed “ on the point of partiality you are wholly
dependent on the facts. The scope of article 186 is restricted to the
question based on law. Giving consideration to what were facts and how
judicial review was undertaken of these facts does not fall under
article –186.”.
“ Justice has been meted out to Bhutto or
otherwise this matter has been disposed of as hearing in the presence
of other party”, Justice Javad S Khawja remarked.
“You should
give opinion as legal expert President sent the reference under article
186 and we will not show any haste. Our prestige is also put at stake”,
CJP observed.
AG said “ fundamental human rights were blatantly violated in Bhutto trial case. Judges showed bias”.
Justice
Ghulam Rabbani observed “ you should not repeat the arguments of Babar
Awan. The court be apprised of legal situation. Administration of
justice is a separate issue. We are not concerned whatever decision
takes place. You should express your opinion about the constitutional
and legal position.
The court has adjourned the hearing of the case for indefinite period subject to availability of larger bench. Online
