Shariat Appellate Bench of the Supreme Court was informed on Thursday that Dr Babar Awan will appear as counsel for Bilawal and Bakhtawar Bhutto Zardari in a case pertaining to distribution of properties of former prime minister Zulfikar Ali Bhutto. The bench comprising Justice Tariq Parvez, Justice Mian Saqib Nisar, Justice Asif Saeed Khan Khosa, Justice Dr Fida Muhammad Khan and Justice Dr Muhammad Al-Ghazali was hearing an appeal against the Federal Shariat Court’s (FSC) April 15, 2010 verdict, in which it had declared the 1977 Martial Law Order, which had converted the People’s Foundation Trust, into Sheikh Zayed Bin Sultan Al Nahyan Trust, as repugnant to Islam.
During Thursday’s hearing, Advocate-on-Record Raja Abdul Ghafoor informed the court that Dr Babar Awan would appear as counsel for Bilawal and Bakhtawar in the case. The FSC had also directed the ministries and divisions to return the ownership, properties and assets of the government-controlled People’s Foundation Trust to the heirs of Benazir and Nusrat Bhutto. Dr Muhammad Aslam Khaki advocate, while giving arguments on the maintainability of petition, stated that according to the law, Mazhar Alam, an attorney of Ghinva Bhutto, could become party in the case. Shah Khawar, counsel for Gulzar Begum, who is the sister of Begum Nusrat Bhutto stated that the applicant Mazhar Alam was not party in the case, thus he had no right to file appeal under Article 203F against the FSC order.
The court directed the Deputy Attorney General Raja Aleem Abbasi to produce all the record of the Cabinet Division’s summary, which had been prepared to challenge the FSC’s April 15, 2010 order, but was declined by high authorities. Later, the court adjourned further hearing till Monday.
On April 26, the court had issued notices to the concerned parties on an application filed by Ghinva Bhutto seeking share and rights in the property of late prime minister Zulfikar Ali Bhutto (ZAB) and his spouse Begum Nusrat Bhutto.
The application filed through Mazhar Alam advocate had prayed the court to order that Ghinva Bhutto, her son Zulfikar Junior and her daughter Fatima Bhutto should also be made trustees of People’s Foundation Trust, founded by Zulfikar Ali Bhutto and Begum Nusrat Bhutto, like Asif Ali Zardari and his children. Earlier on May 19 last year, the Shariat Appellate Bench of the Supreme Court had issued notices to Asif Ali Zardari, Begum Nusrat Bhutto and Gulzar Begum while hearing a case pertaining to transfer of Sheikh Zayed Bin Sultan Al-Nahyan Trust’s assets to Asif Ali Zardari and his children.
The bench had also issued notices to Bilawal, Asifa and Bakhtawar, the legal heirs of late Benazir Bhutto, through President Asif Ali Zardari. During the regime of General Ziaul Haq, People’s Foundation Trust founded on August 8, 1974, was nationalized and converted into Sheikh Zayed Bin Sultan Al-Nahyan Trust. Last year, the Federal Shariat Court had reversed the 1977 orders of General Ziaul Haq to take over control of two trusts, founded by Zulfikar Ali Bhutto, Begum Nusrat Bhutto, late Benazir Bhutto and late Mir Murtaza Bhutto with the name of People’s Foundation Trust.
The three founders were the trustees while Benazir Bhutto was also its chairperson. The Trust was run with the financial support of UAE rulers. The Zia regime after taking control of the Trust had suspended the board of trustees and the Board of Directors of every institution connected therewith, and also had frozen the accounts of the Trust. On Zia’s orders, the name of the Trust converted into Sheikh Zayed Bin Sultan Al-Nahyan Trust. In March 2002, Benazir Bhutto had filed a petition with the FSC, which was decided on April 15, 2010. The FSC in its judgment on April 15, 2010 while declaring the 1977 Martial Law Orders as repugnant to Islam, had directed the ministries and divisions to return the ownership, properties and assets of the government-controlled trust to the heirs of Benazir Bhutto and Begum Nusrat Bhutto.
The FSC judgment said that the affairs of the Trust were being managed smoothly by the trustees who were performing their stipulated rights and obligations in accordance with the procedure laid down in the Trust’s deed.
