ISLAMABAD – A petition, seeking initiation of contempt of court proceedings, was filed in the Supreme Court on Friday against Justice (r) Nasim Hassan Shah for calling former prime minister Zulfikar Ali Bhutto’s death sentence a “judicial murder”.
Justice (r) Shah was a member of the seven-member CS bench and one of the four judges, who had convicted Bhutto. However, later talking to reporters he had said the verdict was a judicial murder. The petition was filed by Tariq Asad and stated that Justice (r) Shah, being a very responsible retired chief justice of Pakistan had made irresponsible statements, repenting on his conduct to have pronounced Bhutto’s death sentence under pressure.
“His statements were tantamount to violation of his oath and code of conduct, therefore he did not deserve to become a judge of the superior court, but also, his case may be referred to the Supreme Judicial Council to declare him disqualified from his position and his benefits be ceased and his photographs be removed from the walls of the court rooms of the SC,” the petitioner prayed. He contended that filing of a presidential reference after a long period of 30 years, was malafide, colourable and scandalising the court, adding that it tended to bring the court into ridicule, hatred and contempt.
The petitioner stated that there was no question left to be decided by the SC under Article 186 of the constitution after a person was convicted by a trial court, and his criminal appeal and review petition dismissed by the SC He alleged that there was a general impression in many political circles that President Asif Zardari wanted to embarrass the Supreme Court by “playing the Sindh card” saying that all judges who gave the verdict against Bhutto were from Punjab and all the three judges who disagreed were from Sindh and Khyber Pakhtunkhwa.
He questioned in his petition whether protection under Article 248 was available to the designated functionaries even if their actions were malafide. “This is a mischievous and contemptuous foul play which is likely to bring the superior court and the administration of law and justice into disregard and disrespect in the minds of the people,” the petitioner said.
