Hearing on Bhutto reference postponed until the second week of January

ISLAMABAD: After eleven years, the Supreme Court’s nine-member larger bench resumed hearing the Zulfiqar Ali Bhutto murder reference case.

Chief Justice Qazi Faez Isa chaired the hearing on the Zulfiqar Ali Bhutto murder reference, which was televised live across the country.

Judges Sardar Tariq Masood, Mansoor Ali Shah, Yahya Afridi, Aminuddin, Jamal Khan Mandokhel, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, and Musarrat Hilali were among those sitting on the bench.

In this well-known case that revisits Zulfikar Ali Bhutto’s legacy, Attorney General of Pakistan (AGP) Mansoor Awan and Pakistan People’s Party attorney Farooq H. Naek made arguments on behalf of the PPP.

“We can also hear your arguments as heirs,” Chief Justice Qazi Faez Isa, who was presiding over the entire bench hearing, responded to Farooq Naek’s statement, “I will represent Bilawal Bhutto Zardari.”

During the proceedings, various aspects of the case were revealed, such as the historical context, legal inquiries, and the importance of specific individuals.

The AGP clarified the reference and stated that former President Asif Ali Zardari was the one who started it. When Chief Justice Isa asked which presidents had come after Zardari, she was informed that none had taken back the reference.

CJ Isa expressed regret over the case’s delayed review, saying the Supreme Court ought to have taken it up sooner.

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In response to Justice Mansoor Ali Shah’s question, the AGP read aloud the questions mentioned in the reference during the hearing. Applications to object to the bench that were filed during the trial in the Lahore High Court (LHC) were also discussed, and the AGP confirmed that multiple applications had been submitted.

Ali Ahmad Kurd was contacted by the Chief Justice as well about helping the court with the case, and he responded positively. The court also questioned the case’s 11-year neglect.

Following the elections, Mehmood Raza Kasuri requested an adjournment; however, the CJ emphasized that the reference is already being heard eleven years later.

Senior advocate Ali Ahmed Kurd was once stopped by the court from discussing his points of view since the case began in 2011 in order to draw attention to the fact that no bench has ever acknowledged the demise of amicus curiae, or “friend of the court.”

The bench deliberated on possible amicus curiae, with names such as Justice (rtd) Mansoor Malik, Yasir Qurreshi, Zahid Ibrahim, Salauddin Ahmed, Faisal Siddique, Khalid Javed Khan, Khawaja Harris, and Salman Safdar being considered, subject to their approval.

CJ Isa also asked Raza Rabbani questions during the hearings. Asif Ali Zardari, the co-chair of the PPP, and Bilawal Bhutto-Zardari, the chair, were also present in court.

The SC bench postponed the hearing until the second week of January 2024 after hearing preliminary arguments.