SC asks Awan to cite case where verdict like ZAB’s was revisited

The Supreme Court on Monday asked federation’s counsel Babar Awan to cite any case from around the world where a verdict was revisited in such a case that was decided through due process of law, like the case of former prime minister and PPP founder Zulfikar Ali Bhutto.
An 11-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a reference filed by President Asif Ali Zardari under Article 186 (advisory jurisdiction of Supreme Court) seeking review of the death sentence awarded to Bhutto in 1979.
At the onset of hearing, one of the amicus curiae, Justice (r) Tariq Mehmood, submitted a request before the court, stating, “In view of the apprehensions expressed by Ahmed Raza Kasuri over the amicus curiae, I express my inability to assist the court in the reference – thus it is accordingly, prayed that I may be relieved from the assignment”.
He informed the court that he was unable to assist the court in the reference as he had been affiliated with the PPP in the past. The court accepted his request and relieved him.
In his reply to the court’s notice, Kasuri questioned the impartiality of seven of the 10 amicus curiae appointed by the SC to assist it in the reference, saying they could be friends of the court, but certainly not friends of the complainant (Kasuri).
According to him, Abdul Hafeez Pirzada, Fakhruddin G Ebrahim, Barrister Aitzaz Ahsan, Abdul Latif Afridi, Barrister Zahoorul Haq, Ali Ahmad Kurd and Tariq Mehmood had a strong leaning and unstinted loyalty towards Bhutto.
Another amicus curiae, Barrister Aitzaz Ahsan, told the court that although his name had also been objected to by Kasuri, he would continue to assist the court by setting aside his political affiliations with the PPP, only if the court allowed.
To a court query, he said he was a PPP worker and his sympathies would remain with the party, however, he would try his best to assist the court neutrally, keeping in mind the law and the constitution and keeping his party affiliations aside. The court then asked him to continue assisting the court. Meanwhile, the chief justice noted that Azizullah, son of Justice (r) Anwarul Haq, had filed an application before the court to become party in the ZAB reference. Azizullah is the son of former chief justice of Pakistan Anwarul Haq, who had headed a four-member bench and upheld the Lahore High Court verdict of capital punishment to Zulfikar Ali Bhutto.
The court directed that copies of Azizullah’s application be provided to all parties concerned.
The chief justice observed that only concerned parties of the case were competent to approach the court in the matter.
The court asked Babar Awan to present any precedent in the world of reopening an already decided case, to which Awan contended that the apex court might set such a precedent.
The chief justice observed that there was no example in law where an already decided case was reopened. In the Bhutto case, all stages of trial had been completed, the CJ said.
The court noted that although president enjoyed the constitutional authority to send any such reference to the court, the federation’s counsel should give a reference from the judicial history of the world where a constitutional head of the country had sent such a reference and the court had reopened the case. The proceedings were adjourned until today (Tuesday).