ISLAMABAD: The Supreme Court delivered a unanimous opinion on the presidential reference related to the former prime minister of Pakistan Zulfikar Bhutto case on Wednesday.
The court highlighted that judges are duty-bound to ensure impartiality and equal treatment for all individuals under the law. It acknowledged the imperative of addressing past discrepancies and pledged to uphold the principles of justice and fairness.
The apex court noted that no government has retracted the reference initiated by the Pakistan People’s Party’s (PPP) government, signalling the enduring significance of the case. Concerns were raised regarding the lack of transparency in Bhutto’s trial and the divergence of his sentence from the constitutional framework guaranteeing fundamental rights.
Despite the request to evaluate the case evidence within the reference, the court maintained its inability to do so, citing legal constraints.
BACKGROUND
A nine-member larger bench of the apex court headed by Chief Justice Faez Isa had reserved its opinion on the presidential reference on March 4.
The reference against the execution of Zulfikar Ali Bhutto was filed in 2011, a total of twelve hearings were held in the Supreme Court from 2011 to 2024.
CJ Isa scheduled the hearing after 12 years in December 2023. After seven hearings, the bench completed the hearing on Monday.
Zulfikar Ali Bhutto presidential reference was based on five questions: Was the trial of Bhutto’s murder in accordance with the basic human rights listed in the constitution? Will the decision to sentence Bhutto to death as a judicial precedent apply to all courts under Article 189? If not, what will be the consequences of the decision? Was Zulfikar Ali Bhutto sentenced to death a fair decision? And is the death sentence given to Zulfikar Ali Bhutto correct in the light of Quranic orders?
