SC resumes hearing on reference against Zulfikar Ali Bhutto’s death sentence

After an 11-year hiatus, a nine-member larger bench of the Supreme Court, led by Chief Justice of Pakistan Qazi Faez Isa, has commenced hearings on the presidential reference filed in April 2011 against the death sentence imposed on former Prime Minister Zulfikar Ali Bhutto.

Chief Justice Isa delivered today’s verdict and adjourned the case until January 2024. The bench comprised Justice Sardar Tariq Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali.

The presidential reference, initiated in April 2011, was filed by former President Asif Ali Zardari. PPP lawyer Farooq H. Naek represented the party in court, while Attorney General for Pakistan Mansoor Usman represented the federation.

Expressing regret for the delayed proceedings, Chief Justice Isa acknowledged the formation of a committee for direct action, emphasizing that the presidential reference remains active as it has not been withdrawn. The Attorney General stated that he had received no instructions to refrain from hearing the reference.

The Chief Justice highlighted that a senior member declined to join the bench, and two more judges recused themselves for personal reasons, resulting in the formation of a nine-member bench.

During the proceedings, the Attorney General revealed that the reference was sent by former President Asif Ali Zardari. When asked about subsequent presidents, the Attorney General confirmed that there were two, and none had withdrawn the reference.

Regretting the delay in taking up the case, Chief Justice Isa had the Attorney General read out the questions raised in the reference. Justice Musarrat Hilali inquired about objections filed during the Lahore High Court trial, to which the Attorney General reported multiple applications.

The Attorney General referenced an interview by Justice Naseem Hassan Shah, quoting remarks made about obeying those who impose martial law. The court also learned that Babar Awan, who represented the president at the time, had his license later canceled.

The court discussed a supplementary reference and queried Ali Ahmad Kurd’s assistance, with Kurd affirming his involvement. Chief Justice Isa sought an explanation for the 11-year delay, prompting Mehmood Raza Kasuri to request an adjournment after the elections. The Chief Justice declined, citing the prolonged delay in hearing the reference.

At one point, Chief Justice Isa interrupted senior advocate Ali Ahmed Kurd’s elaboration on the case since 2011. The bench considered potential amicus curiae, including Mr. Yasir Qurreshi, Mr. Zahid Ibrahim, Mr. Salauddin Ahmed, Mr. Faisal Siddique, Khalid Javed Khan, Khawaja Harris, Salman Safdar, and Justice (rtd) Mansoor Malik, pending their consent.