The Shariat Appellate Bench of the Supreme Court (SC) told the Cabinet Division secretary on Friday not to transfer the assets of the People’s Foundation Trust (PFT) to the legal heirs of the late former prime minister Zulfikar Ali Bhutto until a final decision on the matter.
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 a plea against the Federal Shariat Court (FSC)’s April 15, 2010 verdict declaring the 1977 Martial Law Order, under which the PFT – founded by Zulfikar Ali Bhutto – was converted into Sheikh Zayed Bin Sultan Al Nahyan Trust, against the injunctions of Islam.
The bench referred the matter to Chief Justice Iftikhar Muhammad Chaudhry for constitution of the same bench in the second week of June. The bench also held that before proceeding ahead it would first decide the maintainability of the plea and status of the appellants and petitioners. The bench took in writing assurance from the Cabinet Division secretary that the assets of the PFT would not be transferred to President Asif Ali Zardari and his children until a final decision on the matter.
The bench also questioned the status of Mazhar Alam, an applicant in the case, in view of Article 203-D of the constitution. Dr Babar Awan, counsel for President Zardari and his children Bilawal Bhutto Zardari, Bakhtawar Bhutto Zardari and Asefa Bhutto Zardari, told the bench that despite the FSC order the PFT assets could not be transferred to his clients. To a bench’s query, Awan said the status quo would be maintained until a final decision.
Arguing the maintainability of the petition, Dr Muhammad Aslam Khaki stated that according to the law, Mazhar Alam, an attorney of Ghinva Bhutto, could become a party in the case. Shah Khawar, counsel for Gulzar Begum, the sister of Begum Nusrat Bhutto, stated that Alam was not a party in the case before the FSC, thus he had no right to file an appeal under Article 203-F against the FSC order.
The FSC had told the ministries and divisions to return the ownership, properties and assets of the government-controlled PFT to the heirs of the late Benazir Bhutto and Begum Nusrat Bhutto. On April 26, the court had issued notices to the parties concerned on an application filed by Ghinva Bhutto seeking share and rights in the property of the elder Bhutto and his wife Nusrat.
In her application, Ghinva had requested the court to order that she and her children Zulfikar Junior and Fatima Bhutto also be made PFT trustees like Zardari and his children.