In a significant development, the Supreme Court of Pakistan observed on Wednesday that the founder of the Pakistan People’s Party (PPP), Zulfikar Ali Bhutto, who was executed by Zia’s military regime in 1979, was not afforded a fair trial by the courts. The court’s opinion was announced by Chief Justice of Pakistan (CJP) Qazi Faez Isa.
Present day trials on Bhutto’s Case
In its written opinion, the Supreme Court maintained that the trial proceedings of Zulfikar Ali Bhutto by the Lahore High Court (LHC) and the subsequent appeal by the Supreme Court do not meet the requirements of the fundamental right to a fair trial and due process, as enshrined in Articles 4 and 9 of the Constitution.
The nine-member bench hearing the presidential reference included CJP Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali.
CJP Isa, while announcing the majority opinion, emphasized the need for self-accountability within the judiciary, stating, “There should be self-accountability within the judiciary. The judiciary cannot progress without admitting its past errors.”
The short order raised crucial questions regarding Bhutto’s trial, questioning whether the decisions of the LHC and the Supreme Court met the requirements of fundamental rights guaranteed under various articles of the Constitution.
The Supreme Court’s short order stated, “The proceedings of the trial by the Lahore High Court and of the appeal by the Supreme Court of Pakistan do not meet the requirements of the Fundamental Right to a fair trial and due process enshrined in Articles 4 and 9 of the Constitution and later guaranteed as a separate and independent Fundamental Right under Article 10A of the Constitution.”
The larger bench also raised questions about the justification of awarding and maintaining the death sentence in the case of Zulfikar Ali Bhutto, considering the circumstances and potential bias against him.
Supreme Court announced its opinion, stating that the trial proceedings of Zulfikar Ali Bhutto did not meet the requirements of a fair trial and due process. Chief Justice of Pakistan (CJP) Qazi Faez Isa highlighted that the decisions of the LHC and the Supreme Court fell short of fundamental rights enshrined in the Constitution. Bilawal Bhutto-Zardari, described the court’s views as “historic.” He expressed hope that the opinion would allow Pakistan to progress, addressing the historical injustice.
More than 44 years after judicial murder and more than 12 years after presidential reference was filed; today a unanimous decision announce by CJP Isa. Shaheed Zulfikar Ali Bhutto did not get a fair trial. The pursuit of justice was a labour of love by President Asif Ali Zardari… https://t.co/rTNgLWeood
— BilawalBhuttoZardari (@BBhuttoZardari) March 6, 2024
Chief Justice of Pakistan (CJP) Qazi Faez Isa addressed the critical issue of whether the awarding and sustaining of the death sentence for Zulfikar Ali Bhutto could be justified or potentially amounted to deliberate murder. While CJP Isa acknowledged that the court cannot reevaluate the evidence and reverse the decision of the case, he assured that in the forthcoming detailed reasons, the Supreme Court would identify the major constitutional and legal lapses associated with the fair trial and due process in Bhutto’s case.
Reactions to the Supreme Court’s Opinion
Bakhtawar Bhutto-Zardari: Zulfikar Ali Bhutto’s granddaughter thanked her father for filing the reference and considered the court’s conclusion as a correction of history.
Aseefa Bhutto-Zardari: Zulfikar Ali Bhutto’s other granddaughter emphasized the long wait for justice and considered the opinion as a reminder of the injustice that occurred.
PM Shehbaz Sharif: Prime Minister Shehbaz Sharif congratulated the PPP leadership and workers, stating that the SC’s opinion “set a new history and tradition.”
Legal Community: Various lawyers acknowledged the importance of the court’s acknowledgment of the historical injustice. Some pointed out structural issues in Pakistan’s legal system that allowed such injustices to occur.
Historical Context of Bhutto’s Case
In March 1979, Zulfikar Ali Bhutto, the founder of the Pakistan People’s Party (PPP) and the former Prime Minister, was sentenced to death by the Lahore High Court (LHC) for allegedly ordering the assassination of Ahmed Reza Kasuri, a founding member of the PPP.
The case history leading to the Supreme Court’s observation on Zulfikar Ali Bhutto’s trial reveals a complex legal journey. In March 1979, almost two years after Bhutto’s government was ousted by military dictator Gen Ziaul Haq, a seven-judge Supreme Court bench, in a split verdict of four-three, upheld the Lahore High Court’s decision to impose the death sentence on the former premier. Fast forward to April 2011, then-president Zardari filed a reference under Article 186(1 and 2) of the Constitution, empowering the president to seek the apex court’s opinion on matters of public importance. Bilawal sought to become a party in October 2018, asserting Bhutto’s brutal execution was a consequence of a mere stroke of a pen. The Supreme Court took up the reference in December of the previous year, expressing regret over the delay. Additional evidence, including transcripts and video recordings, was submitted by the PPP in January.
Throughout hearings, the court contemplated revisiting its judgments if a great miscarriage of justice was established due to deviations from the Constitution or political elements in the prosecution. Senior counsel Makhdoom Ali Khan, as amicus curiae, highlighted the unique nature of the case where a retired judge, part of the narrowest majority, gave an interview post-retirement.
Chief Justice Qazi Faez Isa questioned the potential impact on the armed forces’ reputation and national healing by revisiting the case. The court criticized the appropriateness of then-LHC Chief Justice Mushtaq Hussain sitting in the bench and pointed out legal irregularities. Retired SC Justice Manzoor Malik highlighted grave illegalities in Bhutto’s trial, while Justice Sardar Tariq Masood lamented the lack of a high court order confirming the death sentence. Amid arguments, CJP Isa hinted at a short order, considering Justice Tariq Masood’s imminent retirement. Ahmed Raza Qasuri, linked to the murder case against Bhutto, raised concerns about the admissibility hurdle and the potential flood of references inundating the court.
While a detailed opinion from the Supreme Court is expected to be issued at a later date, this development after 44 years marks a historic moment and has been hailed by Bhutto’s family and supporters as a significant step towards rectifying what they view as a historic injustice.
