Experts say reopening ZAB case futile

ISLAMABAD – Legal experts on Monday said the PPP government’s move to file a reference with the Supreme Court to get former president Zulfikar Ali Bhutto’s “judicial murder” case reopened was a futile exercise aimed at diverting masses’ attention from its failures.
Talking to Pakistan Today, prominent lawyer Justice (r) Fakhruddin G Ebrahim said under article 186 of the constitution, neither the president could file such a reference nor would it be entertained by the Supreme Court as it had even dismissed the review petition in this case.
He said it seemed to be a political move to divert people’s attention from the government’s failures in running the country affairs.
He said it was a settled fact that it was a case of judicial murder, thus if the government was sincere in this regard, it should make efforts for an international tribunal to examine the matter. “The Bhutto case judgement is neither referred to nor is it cited any where, which also supports the fact that it was a politically motivated judicial murder case,” he viewed.
To a query, he said under article 186 (advisery jurisdiction of the Supreme Court) of the constitution, the president can obtain the opinion of the Supreme Court on any question of law that he considers of public importance, adding that he might refer the question to the Supreme Court for consideration. He said the Bhutto case was not a question of law. Noted lawyer Dr Khalid Ranjha said no such reference could be filed under the law. “If any such reference is filed, it would neither have a legal status, nor would it be entertained by the Supreme Court,” he said.
Senior lawyer and former Supreme Court Bar Association (SCBA) vice president Muhammad Ikram Chaudhry said apparently there was no legal room for filing such a reference, however, he said it seemed to be a politically motivated game. He said it was just a move to divert people’s attention from the issues like increasing poverty, price hike, unemployment and the Raymond Davis episode. Senior lawyer Akram Sheikh was also of the view that no such reference could be filed or entertained. He said it was a political move and eyewash to divert the masses’ attention from the challenging problems facing the government. If filed, he said it was unlikely to be entertained by the SC.
Senior lawyer Hashmat Habib said it was a politically-motivated exercise. He said it did not seem the Supreme Court would entertain it. The PPP had decided to get the case reopened and President Asif Ali Zardari would send a reference to the Supreme Court on the matter in a couple of days.