KARACHI – The reference filed by President Asif Ali Zardari in the Supreme Court for reopening the case of the “judicial murder” of former premier Zulfikar Ali Bhutto has been challenged in the Sindh High Court (SHC) on the grounds that two prior Pakistan People’s Party (PPP)-led governments did not bother to take any such initiative, and such a reference will weaken the judiciary.
President Zardari, Prime Minister Yousaf Raza Gilani, Federal Law Ministry, US President Barrack Obama, US Ambassador to Pakistan Cameron Munter among others have been cited as respondents by petitioner Sohail Hameed Advocate.
Hameed accused the government of harbouring some political intentions through filing the reference, and submitted that after Bhutto’s execution, the PPP twice formed governments that were led by his daughter, Benazir, but she never took any initiatives to reopen the case.
The petitioner argued that instead of moving a reference, the government should form a commission under Section 3 of the Pakistan Inquiry Commission Act-1956 to determine the actors who had interfered to execute ZA Bhutto.
Hameed believed that the former PM was executed on the directives of the United States (US) government, since he was considered a major obstacle prior to the cold war between the US and the Soviets. Accusing the then judiciary, the plaintiff stated that the higher trial court handed a death sentence to Bhutto on an order of the then rulers, who in turn, were obeying US orders. “Zulfikar Ali Bhutto was a target of the New World Order as he was considered as a big enemy of US policy,” he stated.
The petitioner pleaded with the court to set aside the reference, and issue an order to the federation to form a commission to determine the actual position of the case.
The Federal government had filed a reference in the Supreme Court through Ministry of Law under Article 186 of the Constitution for revisiting the Bhutto case. The federation has contended in the reference that the judges of the apex court had given a biased decision in the case, and thus, the apex court should reopen the case and suspend the death sentence of the former premier. The Federation further pled that the court initiates proceedings against judges who sentenced the former premier.
The Federal government had filed a reference in the Supreme Court through Ministry of Law under Article 186 of the Constitution for revisiting the Bhutto case. The federation has contended in the reference that the judges of the apex court had given a biased decision in the case, and thus, the apex court should reopen the case and suspend the death sentence of the former premier. The Federation further pled that the court initiates proceedings against judges who sentenced the former premier.
Another contention made in the reference is that there are contradictions in the statements of the witnesses, but instead of awarding the benefit of doubt to the former premier, the apex court awarded sided with the petitioner.
The Federation has also submitted the statement of Justice Naseem Hassan Shah in an annexure, in which he allegedly admitted that the court gave a decision in the Bhutto murder case under pressure.
Three questions have been raised in the reference: first, whether the court gave an independent decision and without any pressure. Second, whether the case was legally registered and whether a death sentence could be handed down to the former premier. And third, if the death sentence was legal, then why didn’t the court give any reference to it while the case was under trial in the apex court.
But the real question is: will President Obama testify before the SHC?
