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Tuesday, December 13, 2011

SC issues notice to Kasuri in ZAB reference

The Supreme Court (SC) of Pakistan with the consent of amicus curie has issued notice to Ahmed Raza Kasuri to ensure the fair trial in Zulfiqar Ali Bhutto Reference case.

11-member bench of SC headed by Chief Justice Iftikhar Muhammad Chaudhry heard the presidential reference filed for the revisit of case of former Prime Minister Zulfiqar Ali Bhutto.
The state counsel Babar Awan said the verdict in Iqbal Tikka case was changed without hearing respondent’s viewpoint while Aitzaz said the State is the claimant and Attorney General is representing it.
Babar Awan said no relief has been sought in this case; everywhere, the words ‘reopening’ and ‘review’ have been used. He said that Farooq Bedar who was prosecutor general in Bhutto case, wanted to submit but court denied taking his statement.
Chief Justice said that these people did not dare to say something at that time, now they are giving statements on TV channels for becoming heroes.
Reacting to Iqbal Tikka case argument, Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry said, ‘That pertains to unconstitutional measures taken up by a single person; but, this case is of criminal nature,’ adding there is no need to ask anyone as to why he imposed martial law; only Former President General (rted) Pervez Musharraf was served a notice for his viewpoint.
During the hearing Chief Justice Iftikhar Muhammad Chaudhry remarked that in the reference it was written that the case should be reopened or revisit.
Babar Awan said the judicial ruling against Zulfikar Ali Bhutto is considered a law; hence, the court can put in order any incorrect law. Replying to this, the Chief Justice Chaudhry said this is not merely a law; it comprises evidences and facts.
Justice Tassaduq Jilani said whether the respondent has no right to present his standpoint before the ZAB ruling is declared wrong.
Justice Saqib Nisar remarked the respondent should be given the chance to prove that trial against Bhutto was quite justified.
Justice Jawwad S. Khawja said, ‘It will stand against just proceedings of the case to say anything about the ZAB ruling without hearing the respondent’s stance.’
Aitzaz argued against issuing notice to the plaintiff saying, the state of Pakistan is petitioner in Bhutto case and the Attorney General is its representative before the bench.
Later, the hearing of case was adjourned till January 2. SANA