Individuals & not the institution impose martial law: CJP Qazi Faez Isa

ISLAMABAD, Feb 20 (SABAH): Chief Justice of Pakistan (CJP) Jusice Qazi Faez Isa has wondered whether the Zulfikar Ali Bhutto reference is an opportunity for the Supreme Court and armed forces to rectify their past mistakes and restore their reputation.

“Isn’t this an opportunity for both institutions to get rid of the accusations hurled against them,” the top judge remarked on Tuesday during a hearing of a presidential reference related to the death sentence awarded to the former PM Bhutto in 1979.

The 9-memebr larger bench of the Apex Court — led by CJP Isa and comprising Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali — heard the presidential reference seeking to revisit the “controversial” death sentence awarded to former PM Bhutto in 1979.

PPP Chairman Bilawal Bhutto Zardari and amicus curiae with expertise on the criminal and constitutional sides attended Tuesday’s hearing.

CJP Qazi Faez Isa also said that individuals and not the institution impose martial law. “Isn’t the verdict in the Bhutto reference draw a line for the judiciary and the army,” he added.

The Supreme Court also decided to hear the heirs of the late PPP founder and complainant Ahmad Raza Kasuri in the presidential reference.

CJP Isa directed all respondents to keep their arguments short and said that the top court wanted to conclude the hearing of the case before the retirement of a judge part of the larger bench.

Amicus Curiae Makhdoom Ali Khan told the bench that the interviews of former judges Naseem Hassan Shah, Dorab Patel, and Aslam Riaz were on record to prove the biases of the judges who awarded capital punishment to the PPP founder.

He said former judge Qaiser Rashid Khan had said that “even a cat cannot be awarded death penalty based on the evidence” present in the ZA Bhutto case.

Makhdoom Ali Khan also said that the court can announce the verdict in the ZA Bhutto case under Article 187.

During the hearing, Justice Syed Masnoor Ali Shah remarked that the court could not examine the merit of the case since the verdict had already been announced. However, the court can look into how the former PM was sentenced to death. “If the court has to ascertain whether the judges announced the verdict under duress then what would be the evidence [to back the claim],” he remarked. He said that is the evidence that there was pressure on judges, adding that justice Naseem Hassan Shah’s interview is of general nature and it is not related to the current case.

Justice Jamal Khan Mandokhail remarked that it is the responsibility of the judge to do justice.

In its written order of Tuesday’s proceedings, the Supreme Court said amicus curiae Khalid Javed Khan has submitted his response to the court, while the PPP chief’s counsel Senator Farooq Hamid Naek, Senator Mian Raza Rabbani and Zahid Fakhruddin Ibrahim will present their arguments after amicus curies. The hearing of the case has been adjourned till February 26.