Pakistan’s Supreme Court delivered a significant verdict on Wednesday, declaring that the trial of Pakistan Peoples Party (PPP) founder Zulfikar Ali Bhutto was not conducted fairly. Chief Justice Qazi Faez Isa announced the ruling, stating that the court did not find the trial to have met the standards of a fair trial and due process.
The decision comes after nearly 12 years since a presidential reference was filed by former President Asif Ali Zardari seeking a review of Bhutto’s death sentence. Bhutto was executed on April 4, 1979, following a controversial verdict in a murder case, which his party denounced as a “judicial murder.”
Examination of the Reference
The reference, submitted on April 2, 2011, under Article 186 of the Constitution, was reviewed by a larger bench of the Supreme Court, led by former Chief Justice Iftikhar Muhammad Chaudhry. The court, comprising nine members and headed by Chief Justice Isa, conducted hearings and scrutinized the case over a span of several years.
During the proceedings, the court appointed legal experts to provide insights into the matter’s technicalities, particularly focusing on its admissibility after being pending for over a decade. The bench reserved its opinion after extensive deliberation earlier this week, leading to today’s historic announcement.
Court’s Opinion and Implications
Chief Justice Isa, while reading out the court’s opinion, highlighted that the trial proceedings, including those at the Lahore High Court and the Supreme Court, fell short of meeting fundamental rights and due process standards outlined in the Constitution. The court’s ruling underscores a crucial reassessment of past legal proceedings and their adherence to constitutional principles.
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Moreover, the court clarified that while it cannot reverse the final judgment of Bhutto’s case, it can identify and address major constitutional and legal shortcomings observed during the trial. This landmark decision not only acknowledges past injustices but also sets a precedent for upholding the rule of law and ensuring fair trials in the future.
More than 44 years after judicial murder and more than 12 years after presidential reference was filed; today a unanimous decision announce by CJP Isa. Shaheed Zulfikar Ali Bhutto did not get a fair trial. The pursuit of justice was a labour of love by President Asif Ali Zardari… https://t.co/rTNgLWeood
— BilawalBhuttoZardari (@BBhuttoZardari) March 6, 2024
Reactions and Future Steps
Bilawal Bhutto Zardari, present during the announcement, termed the verdict historic and expressed hope for a progressive future. He emphasized the significance of seeking justice across generations and commended the efforts of his family in pursuing this cause. Additionally, Prime Minister Shehbaz Sharif extended congratulations to the PPP leadership, acknowledging the importance of rectifying past mistakes for national unity and development.
While the ruling marks a pivotal moment in Pakistan’s legal history, its implications extend beyond the Bhutto case, emphasizing the importance of upholding constitutional rights and ensuring judicial fairness for all citizens. As the nation reflects on this verdict, discussions surrounding legal reform and accountability are expected to gain momentum, shaping the trajectory of Pakistan’s legal system.