The Supreme Court (SC) on Thursday directed the Lahore High Court (LHC) registrar to submit the complete record of complaints lodged by Nawab Ahmed Khan Kasuri’s family in 1977 that led to the reopening of the “murder” case against then prime minister Zulfikar Ali Bhutto.
An 11-member SC bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Shakirullah Jan, Justice Nasirul Mulk, Justice Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khwaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Sarmad Jalal Osmany and Justice Ghulam Rabbani, was hearing a presidential reference filed under Article 186 of the constitution seeking revisiting Bhutto’s death sentence. The court also summoned the record of five other private complaints that had been lodged after Bhutto’s trial began before a five-judge LHC bench headed by Justice Shafiur Rehman in Kot Lakhpat jail. The court also sought record of Bhutto’s bail accepted by LHC Justice KMA Samdani.
The court directed the Interior ministry and the Punjab home secretary to furnish record pertaining to Bhutto’s arrest orders issued under the Martial Law Regulations No 12 and two notifications pertaining to removal of chief justice Yaqub Ali Khan and elevation of Justice Anwarul Haq as LHC chief justice. The court asked Attorney General Maulvi Anwarul Haq and other amicus curiae to also assist it with the preliminary question of the SC jurisdiction on the next hearing.
The court said if the investigation report of Justice (r) Shafiur Rehman into the Bhutto case was publicised during pendency, its copies be provided to the court and the amicus curiae as well as all other parties concerned. Resuming his arguments, federation’s counsel Babar Awan said under Article 186, the SC had unfettered powers to give its opinion on any issue of public importance. He said in the case of the Sindh High Court Bar Association, the court had upheld such a view on July 31, 2009.
“The cited verdict was given under Article 184 (3), therefore how could it be linked with Article 186?” the chief justice asked, adding that the court was aware of its jurisdiction under articles 184 and 185. However, parliament could also legislate on the matter. Justice Khwaja said the court wanted to know about the consequences of Article 186. He said the court had jurisdiction to answer any type of questions, not only for the dead but also for those who will be born.
He said the president was also chosen by parliament under Article 50 and that president had now turned to the court for its opinion. He said the court exercised its unfettered jurisdiction under Article 186 in various cases, however, the question of consequences was very important as the president had already made it clear that the Bhuttos did not want any vengeance against anyone, but wanted to correct the history.
The chief justice asked Awan if his party wanted the verdict of Bhutto case be set aside, notices would have to be issued to Ahmad Raza Kasuri.The chief justice said if the courts kept setting aside verdicts in disposed of cases, there would be complainants. The court then adjourned hearing until the third week of June subject to availability of the bench.