According to media reports, Chief Justice of Pakistan (CJP) Justice Yahya Afridi has ruled that the late prime minister and founder of Pakistan People’s Party, Zulfikar Ali Bhutto (ZAB), did not get a ‘fair trial’ in the case which ultimately culminated in a death penalty. In his additional note to the opinion given by the Supreme Court of Pakistan on the presidential reference related to the former prime minister’s hanging, the CJP has said that under Article 186 of the constitution, the apex court’s jurisdiction is merely advisory, and it could not annul any previous decision. His is not an observation that contains only a grain of truth; he has, in fact, told us the whole truth. Let’s have a look on the Article 186 of Constitution.
‘Article 186:
Advisory Jurisdiction.
(1)
If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
(2)
The Supreme Court shall consider a question so referred and report its opinion on the question to the President.’
The CJP has acted fairly, judiciously and, above all, prudently. His additional note says it all. I would like to say that the honourable CJP has spoken of or about an event or the then apex court’s verdict which is in the past; it has happened and cannot now be changed or annulled.
Mehdi Hassan
Karachi
Copyright Business Recorder, 2024
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