ISLAMABAD: The Supreme Court (SC) on Friday issued a written order regarding the hearing on a presidential reference pertaining to the sentence of former prime minister Zulifqar Ali Bhutto.
The order said : “The reference No. 1 of 2011 was filed by the President of Pakistan under Article 186 of the Constitution with regard to the late Mr. Zulfiqar Ali Bhutto’s criminal trial and conviction.
A number of hearings took place till 12 November 2012, but thereafter the Presidential Reference was not fixed in Court. This Reference remains pending, therefore, it merits determination as early as possible.”
It said Farooq H. Naek referred to an application filed on behalf of Bilawal Bhutto Zardari, the grandson of the late Bhutto and states he wants to be represented herein. We are informed that there is only one surviving daughter of the late Bhutto and he has eight grandchildren.
The application is allowed and learned Naek may represent Bilawal Bhutto Zardari and assist this Court. If Bhutto’s daughter and any of his grandchildren also want to be represented, they may engage counsel, the order said.
It said the Attorney-General for Pakistan was asked whether any of the successive Presidents or the federal government sought to withdraw the Reference or wants to do so now, and the AG stated that this was not done nor is this sought to be done now.
The order said a number of amici curiae were appointed, some of whom have passed away and others we are told are indisposed. The court is informed that amicus Mr. Ali Ahmed Kurd, Makhdoom Ali Khan will be rendering assistance. Notice had also been issued to the Supreme Court Bar Association (‘SCBA’) and the late Asma Jahangir represented SCBA.
It said that the court also appoints Messrs Khalid Javed Khan, Salahuddin Ahmed and Zahid F. Ebrahim, Yasser Kureshi, an academic working at Oxford University, United Kingdom, and Reema Omer of the International Commission of Jurists as amici curiae. It said that “the first and foremost constitutional and legal points, in addition to those recorded in order dated 21 April 2011, that require consideration are: (1) Whether the Presidential Reference is maintainable under Article 186 of the Constitution; (2) Whether it requires a factual inquiry, and if so, whether under Article 186 of the Constitution an opinion can be given in this regard; (3) The constitutional-legal position of the trial and appeal, and its credibility/legitimacy when the person being tried was removed from power by a usurper who himself assumed power and then launched the prosecution of Mr. Bhutto in a criminal case which was filed as ‘untraced’; and (4) Were certain judge(s) removed from the trial and/or hearing the appeal to secure a particular result.”
If the aforesaid aspect is successfully attended to, then we will need to consider the trial and appeal which will require expertise in criminal law and procedure. Justice Manzoor Ahmed Malik, former Judge of the Supreme Court, Justice Assadullah Khan Chamkani, a former Judge of the Peshawar High Court, and Khawaja Haris Advocate are appointed as amici curiae.