Supreme Court of Pakistan on Monday observed that reopening of Zaulfiqar Ali Bhutto
case can affect the other party and those references of cases should be
provided to court in which, court has changed its stance.
The 11-member larger bench of the SC headed by Chief Justice
Iftikhar Muhammad Chaudhry heard the presidential reference filed for
revisiting of Zulfiqar Ali Bhutto case.
Chief Justice said in his remarks that law says that main and co-
accused both would be punished, adding that parliament of various
countries acquitted several persons in the history and parliament can
legislate to advice court in the case.
Counsel for the Federation Babar Awan in his arguments said that
there was no direct evidence to establish conspiracy and award death
penalty against Zulfiqar Ali Bhutto and it is only case in, which a
judge confessed his wrong judgment and in the reply Justice Jawad
Khawja said that if any judge announced wrong verdict in the history
then why they should repentance over act of past.
Iftikhar Muhammad Chaudhry said that extrajudicial steps were taken
in Bhutto case against him and if court announces judgment against the
hanging of Bhutto then what result it would bring.
Babar Awan quoted a number of verses from the Holy Quran and Hadiths
and said the conviction against Zulifqar Ali Bhutto was against Islamic
injunctions, adding that under Islamic jurisprudence, killer is awarded
death sentence while the abettor could be awarded imprisonment.
He also pleaded that under the Islamic jurisprudence, justice has to be administered with mercy.
The Counsel for the Federation said there was no restriction on the court to revisit its earlier judgment and if a wrong is committed or if there was an error of judgment then the wrong must be undone irrespective of any other consideration.
He said the revision should be under the concept of repentance and added that former Chief Justice of Pakistan Justice Nasim Hassan Shah had acknowledged the wrong.
He also pleaded that under the Islamic jurisprudence, justice has to be administered with mercy.
The Counsel for the Federation said there was no restriction on the court to revisit its earlier judgment and if a wrong is committed or if there was an error of judgment then the wrong must be undone irrespective of any other consideration.
He said the revision should be under the concept of repentance and added that former Chief Justice of Pakistan Justice Nasim Hassan Shah had acknowledged the wrong.
He also pointed out that in this case the personal anger of the head
of the Lahore High Court bench was abundantly clear against the former
Prime Minister, which is violation of what is required of the bench.
The court, however, observed that it is individual repentance and not institutional.
The Chief Justice also observed that the case involved litigation between the two parties and what if the son of the murdered came forward and wanted to enter the witness box and asked the Counsel to give examples of cases where cases of adversarial nature were referred to the court and decided.
Babar Awan said one case in point is Hasba Bill passed by the Provincial Assembly of Khyber-Pakhtunkhwa (then NWFP) which was referred to the Supreme Court by the Federation and MMA Government was the other party in the case.
The Chief Justice also observed that the case involved litigation between the two parties and what if the son of the murdered came forward and wanted to enter the witness box and asked the Counsel to give examples of cases where cases of adversarial nature were referred to the court and decided.
Babar Awan said one case in point is Hasba Bill passed by the Provincial Assembly of Khyber-Pakhtunkhwa (then NWFP) which was referred to the Supreme Court by the Federation and MMA Government was the other party in the case.
CJ said that it is famous quotation that 100 guilty persons can be
released to save the one guilty person and you are saying that court
should repentance on behalf of a judge.
Babar Awan said that it is system of justice system that you removed
chiefs of organizations in Sarfraz Shah Murder case even they do not
commit the crime so court should correct its judges’ verdict, adding
that first time any alive judge (Justice Naseem Hasan Shah) in the
history stated that his judgment was wrong.
Chief Justice said in his remarks that he would give weight to Babar
Awan arguments but court would observe the case according to law.
Babar Awan will resume his arguments in next hearing and court adjourned the further hearing of case till today (Tuesday). SANA
Babar Awan will resume his arguments in next hearing and court adjourned the further hearing of case till today (Tuesday). SANA
