Islamabad: Chief Justice Qazi Faiz Isa has said that martial law is an individual decision and is not enforced by the army as an institution.
Hearing on Zulfiqar Ali Bhutto reference is going on in the Supreme Court. A 9-member larger bench headed by Chief Justice Qazi Faiz Isa is hearing the reference.
Chairman People’s Party and former Foreign Minister Bilawal Bhutto Zardari reached the Supreme Court on the occasion of Zulfikar Ali Bhutto reference hearing.
During the hearing, the Chief Justice remarked that our main focus is on the constitutional aspect. Makhdoom Ali Khan said that Supreme Court took a view in Tamizuddin Khan case. Justice Mansoor Ali Shah remarked that the real question in this case is whether the process was properly followed in the court proceedings or not.
Chief Justice Qazi Faiz Isa said that our jurisdiction is very clear. Cannot be revised twice. How do we draw the line in this case? Is there a question of bias in this case or an admission of wrongdoing? On this occasion, the judicial assistant said that a judge said in an interview that he was under pressure, to which the Chief Justice remarked that he did not say that I was biased.
The Chief Justice said that if I cannot bear the pressure, I should leave the bench. One person may say that someone is prejudiced, another may not hold this opinion.
Justice Mansoor Ali Shah said that the real question is how can we open the door now, can we now decide under Article 186 that the process was wrong, how can we record the evidence in this case?
The Chief Justice said, “Can we do an inquiry now?” Justice Jamal said that this case has been finalized, should we not decide this question in an appeal?
The Chief Justice of Pakistan said that can we ignore the aspect that when the case against Zulfikar Ali Bhutto was filed, there was a martial law in the country, the martial law administrator had his own interest.
Justice Mansoor Ali Shah said that at that time judges also took oath under PCO, the judicial assistant supported it.
The Chief Justice said that we want to hear more from you on the constitutional aspect.
Justice Mansoor Ali Shah said that those who disagreed in this case did not have to leave the country later? Justice Safdar Shah had to leave the country, is there any interview or book of those who disagreed with the decision of execution?
Makhdoom Ali Khan said that there is an interview of Justice Darab Patel in PTV, that interview is not on YouTube but it is with PTV. He also referred to Sohail Waraich’s book and said that interviews of various judges have been collected in this book. Naseem Hasan Shah talked about the differences between Justice Mushtaq and Bhutto. He was unhappy about making Justice Aslam Riaz the Chief Justice by ignoring the judges.
The Chief Justice said that he is talking about other judges, tell me something in which he has spoken, what did Naseem Hasan Shah say in the interview of Iftikhar Ahmed? No matter where I said this, I was under pressure to make a decision.
Makhdoom Ali Khan said that he was not specific to this case in an overall context, Naseem Hasan Shah said that Mushtaq Sahib should not have sat in this bench, Naseem Hasan Shah also said that benefit of doubt could have been given but some of our Weakness was something Yahya Bakhtiar angered us.
The Chief Justice said that how can a defendant be put on a lawyer? If we were angry, we would stop hearing the case or do justice, we also get angry many times, but not to overturn the decision, the client should not be punished for the lawyer’s conduct, is this the only case in which the direct High Court Heard the murder case?
Makhdoom Ali Khan said that there is no other such case in the reported cases, well maybe, Darab Patel said in the interview that this should not happen.
The Chief Justice said that Darab Patel was part of the bench which unfortunately unanimously dismissed the revision.
Makhdoom Ali Khan said that Justice Naseem Hasan Shah said in an interview that Zulfiqar Bhutto’s lawyer did not argue for reducing the sentence and had angered the judges.
Chief Justice of Pakistan Qazi Faiz Isa said that can a judge reprimand a lawyer for an appeal against a sentence in a criminal case? Why did Bhutto’s lawyers plead for reduction of sentence instead of suspension of sentence?
Justice Sardar Tariq Masood said that there was a request to reduce the sentence in the appeal?
The Chief Justice said that even if there is a request to reduce the sentence in the appeal, the judge has to look at the delivery of justice. Was this the first case in the history of Pakistan in which the trial High Court took away the right to appeal? Can the death penalty be given in the ratio of four to three? I think we should look at the facts of the case, Makhdoom sir, you don’t talk much about martial law, you only tell us about the judicial precedents.
Justice Jamal Khan Mandukhel said that if we look at every decision given during the martial law era, there are enough cases in the Supreme Court, the Parliament also ratified the decisions of martial law.
Justice Musrat Hilali said that can Bilawal Bhutto Zardari and Zulfiqar Jr. be ordered to pay Qisas? The example of Zulfikar Ali Bhutto case is not given in any military case.
Judicial assistant Makhdoom Ali Khan said that the real question is public trust in the judiciary, Zulfikar Ali Bhutto case is an unsafe decision, my opinion is that the judicial decision should be made without any pressure.
Justice Jamal Khan Mandukhel said that there was external pressure in the Zulfikar Ali case? On this, Makhdoom Ali Khan said that yes, the record shows the same. Justice Jamal said, “Show us that record, if it is mentioned in the book of Mirza Aslam Baig, tell us about it.”
The Chief Justice of Pakistan said that martial law is not enforced by the army as an institution. Martial law is an individual initiative. We are looking at the past but not taking the future into account. Shouldn’t the institution also draw a line? Shouldn’t the Supreme Court also decide?
Justice Mansoor Ali Shah said that instead of Article 186, we should look when a case comes, there is only one interview related to pressure, the interview is general, should we look at every PCO? Yasir Qureshi Judicial Assistant has submitted his submissions.
The Chief Justice of Pakistan said that the prosecution should be transparent.
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