SC Commences Hearing Of Reference Against Sentencing, Hanging Zulfiqar Ali Bhutto

Chief Justice Qazi Faez Isa has expressed regret over the delayed scheduling of the case, recognizing its historical significance and the potential wide-ranging consequences at judicial, social, and political levels.

ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-Dec 12nd, 2023) The Supreme Court on Tuesday initiated proceedings to hear a reference challenging the sentencing and hanging of Zulfikar Ali Bhutto, the founding chairman of the Pakistan People's Party (PPP) and the nation's inaugural democratically-elected Prime Minister.

Bilawal Bhutto Zardari, the Chairman of PPP, entered an application to participate in the proceedings, represented by PPP leader and senior lawyer Farooq H Naek.

Chief Justice Isa acknowledged Bilawal's right to be heard both as an heir and as a representative of the political party.

Concurrently, the counsel for Ahmed Raza Kasuri, whose application played a pivotal role in Bhutto's execution, sought the court's permission to present arguments. In response, Chief Justice Isa instructed Attorney General Mansoor Awan to read out the reference, fielding queries from the judges during the process.

The reference was initiated on April 2, 2011, by then-President Asif Ali Zardari, utilizing Article 186 of the Constitution.

Its purpose was to seek the court's opinion on revisiting the trial that led to Bhutto's hanging on April 4, 1979. Bhutto's removal followed a 1977 military coup led by then-Army Chief Ziaul Haq, triggered by months of agitation and contested election results.

Led by Chief Justice Faez Isa, the Apex Court addresses the matter over 44 years after Bhutto's execution and more than 12 years since the reference's filing. The last hearing occurred on November 11, 2012, with an 11-member bench presided over by then-Chief Justice Iftikhar Muhammad Chaudhry.

The Supreme Court declared that the hearing would be broadcast live on its website, marking the second instance in Pakistan's judicial history. This decision followed a petition from Bilawal Bhutto Zardari.

Bhutto's 1978 arrest and subsequent conviction by the Lahore High Court (LHC) for conspiring to murder a political opponent have been contentious. The case, marred by procedural flaws, has never served as a precedent in subsequent Pakistani legal proceedings.