The Supreme Court (SC) was informed on Wednesday that not only the martial law administrator was against former prime minister Zulfiqar Ali Bhutto (ZAB) but there was also an international conspiracy at work against him as he had succeeded in obtaining nuclear technology from France.
Babar Awan, the federal government’s counsel, said in his passionate style during the hearing that United States was against Bhutto and Dr Henry Kissenger, former US secretary of state, had threatened him in these words: “We will make a horrible example of you.”
An 11-member larger bench, headed by Chief Justice (CJ) Iftikhar Muhammad Chaudhry, was hearing presidential reference seeking opinion of the SC on the death sentence handed down to ZAB during the dictatorial regime of General Ziaul Haq. The CJ said that what had happened to ZAB was unprecedented in the history of law, but they needed to have jurisdiction in order to do complete justice to him.
The CJ said: “We will like to decide this case in a manner which is covered by the constitution. The court derives its power from the constitution therefore give us jurisdiction in Article 186, under which the reference has been sent to the SC.”
The CJ remarked all those people who were hanged during the martial law were also citizens of Pakistan and their appeals were also rejected. “Should their cases be reopened? The CJ said: “We have to keep all these things in our mind.”
Babar said if there were thousands of cases of people with whom injustices were done, they should also be reopened.
The CJ stated, “Ask the parliament and pass a law that cases of people who were executed subsequent to the 1977’s martial law and from 1999 to 2008 should be reopened.”
Justice Nasirul Mulk asked what you really wanted from us. You want reversal of the earlier verdict? Justice Javed remarked you were not asking for the court’s verdict but its opinion on the injustice done to ZAB.
The learned counsel stated ZAB’s case was entirely different from others because no one was ever hanged over complicity in a murder case.
Babar explained to the court that the reference was not filed for vengeance or to set aside the earlier judgments, but to highlight atrocities that were meted out to ZAB during the trial. He said just a day before the hearing of ZAB’s appeal in the SC, Ziaul Haq sent the then chief justice Muhammad Yaqub Ali home.
The learned counsel urged the court that the attending circumstances of the then court had to be seen, adding the court also had to see the content of the administration of criminal justice. He said Article 4, which says “Right of individuals to be dealt with in accordance with law,” was violated.
He informed the court there was distinction between process and due process. He said ZAB was condemned unheard.
He said there were two types of laws; one legislative instrument passed by parliament and the precedent law, judgment passed by the apex court. The court adjourned the hearing till Thursday
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