The atmospherics in the Supreme Court on Tuesday provided confidence to many that Zulfikar Ali Bhutto would finally get justice from an independent judiciary. What the CJ said indicated a chastening of the mindset through first hand experience of how far military dictators can go in their pursuit of manipulating the superior judiciary. The CJ noted in his opening remarks that Bhutto was held in high esteem not only inside the country but also abroad. He also appreciated the decision by Babar Awan to resign from the cabinet post to plead the case, something unusual in times characterised by a mad race for power. Before attending the court, Awan clarified that the PPP and the government were not after revenge and all they wanted was to remove the stigma from ZABs name and a black spot on the judicial history. Millions in this country would now watch the proceedings of the court as the reference as argued with hope and trepidation.
Barring a handful of independent judges in the high courts who occasionally defied those in power, the past history of the superior judiciary has by and large been less than glorious. Relying on the doctrine of necessity, the SC sanctified every successful rebellion as a revolution and agreed to work as the handmaiden of the usurper bringing, in the process, bad name to the apex court. Among the greatest crimes committed by the SC was the judgement to send Bhutto to gallows. The proceedings of the case clearly indicated manipulations by CJ Anwarul Haq. It was a case where an accused person was awarded maximum punishment for a crime he had not personally committed. The judgment by a bare 4 to 3 majority had so many holes in it that it was never subsequently cited as a precedent in the courts.
One expects the government to render full help to the SC. Instead of relying on Babar Awan alone, a team of competent lawyers should be engaged to argue on the issues raised in the reference. This is a historic opportunity to vindicate the founder of the PPP and the first elected prime minister of Pakistan. Everyone concerned should help set the record straight.
