Supreme Court asks government to present record of Kasuri's complaint

The Supreme Court on Thursday directed the government to present complaint's record registered against Zulfiqar Ali Bhutto by Kasuri family in 1977, which was the basis of reviving criminal cases against Bhutto during the martial law regime.
The bench also sought record of five other private complaints registered against Bhutto when his trial had already started before a five-member Lahore High Court bench headed by Justice Shafi-ur-Rehman in Kot Lakhpat jail on February 2, 1978. The relevant record pertaining to ZAB bail acceptance order by Justice Samdani, arrest orders issued under Martial Law Regulations No 12, besides, two notifications issued for removal of Justice Yaqoob Ali and elevation of Justice Anwar-ul-Haq as Chief Justice of Pakistan was also summoned.
An eleven-judge special bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a presidential reference, sent by President Zardari, seeking its opinion over death sentence of Bhutto. When the bench asked Babar Awan, government lawyer in the case, to explain jurisdiction of a court under Article 186, he said, the court had unfettered powers to give its opinion on any issue of public importance.
Reading out Sindh High Court Bar Association verdict of July 31, 2009, he said apex court had upheld the view given in the above in the said verdict. The Chief Justice told him that the above mentioned verdict was given under Article 184 (3) and how it could be linked with Article 186.
Justice Jawwad S Khawja, a member of the special bench, said that they understood their jurisdiction under Articles 184, 185 but the parliament could also make legislation on the issue. He said they wanted to know what would be the consequences of Article 186. "To answer any type of question, this court has jurisdiction not only for those who are not in this world as well as who are yet to see this world. Under Article 50, the president is also chosen by the parliament who has now approached the court for its opinion," he remarked.
He stressed that jurisdiction vested with the court under Article 186 exercised unfettered in a number of cases. He said the question of consequences was very important, explaining that the president had already made it clear that the reference was not filed to take revenge from anybody. Justice Nasir-ul-Mulk, another member of the bench, put the question to the lawyer again and again that if he was not asking for setting aside the case, what would be the meaning of revisiting and its consequences.
Awan said that he was consistent in his stance and contended that the apex court had already said so many things on a presidential reference of 2007 on Hisba Act. The Chief Justice said that if they set aside verdicts in concluded cases, there would be complainants as well like in a case of Sindh High Court Bar Association. He said the problem, which is being faced by the country, is non-adherence to the constitution.
"Look when bail application of Bhutto was fixed in Supreme Court, Justice Yaqoob was forced to quit overnight and replaced with Justice Anwarul Haq. Most recently, you are well aware of such things, what happened to judiciary," he observed.
Justice Chaudhry said that only through TV channels headlines, judges were removed, as everybody wants verdicts of his choice. The Chief Justice also asked the Attorney General Molvi Anwarul Haq and the amici curiae to assist the bench about the preliminary question of their jurisdiction when they re-assemble together on the next hearing. The hearing was adjourned till third week of June subject to availability of the bench.