“Zulfikar Ali Bhutto Bhutto was deprived of a fair trial:” Supreme Court

The Supreme Court of Pakistan on Wednesday pronounced its reserved verdict on the trial and execution of the late Pakistan Peoples Party (PPP) founder Zulfikar Ali Bhutto, who was executed in 1979 during the martial law of General Zia-ul-Haq, stating that "he was not given a chance for a fair trial".

Chief Justice of Pakistan (CJP) Qazi Faez Isa, who spearheaded the 9 member bench on the presidential reference filed in 2011 regarding the judicial killing of the former prime minister, stated in a short order,  “Zulfikar Ali Bhutto did not get a fair trial and it was not in accordance with the Constitutional requirement of due process." 

The bench was composed of nine judges alongside the Chief Justice, including Sardar Tariq Masood, Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhel, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, and Musarrat Hilali.

In 1978, the Lahore High Court sentenced former Prime Minister to death for the murder of Ahmed Reza Kasuri, a founding member of Bhutto's own party. Bhutto was then executed in 1979, following a Supreme Court decision that his party denounced as a “judicial murder.”

PPP Chairman Bilawal Bhutto Zardari was present in the court and became emotional when the SC delivered its opinion on the presidential reference. 

Later, addressing the media outside the apex court, he stated that the court had delivered a historic verdict and that he will speak to the media after reviewing the comprehensive decision of the SC.

Zulfikar Ali Bhutto's granddaughters, Bakhtawar Bhutto Zardari and Aseefa Bhutto Zardari, welcomed the Supreme Court's observation.

44 years after the execution of Shaheed Zulfikar Ali Bhutto - the Supreme Court unanimously concludes that our grandfather was a victim of an unfair trial. Judgement witnessed by his grandson @BBhuttoZardari. Thank you Pres @AAliZardari for filing reference to correct history ♥️ https://t.co/3PqOrZhGOB

— Bakhtawar B-Zardari (@BakhtawarBZ) March 6, 2024

Supreme Cout's opinion

At the outset of the hearing, CJP Isa said: "First of all, let me announce the good news [that] it is a unanimous order."

As he read the brief court order, the CJP emphasised the judge's duty to "do right to all manner of people according to law without fear of favour, affection or ill will".

"We must, therefore, be willing to confront our past missteps and inffalibities with humility in the spirit of self-accountability and as a testament to our commitment to ensure that justice shall be serving with unwavering, integrity and fidelity to the law," he added.

The CJP further noted that the "reference files that the president of Pakistan has provided us an opportunity to reflect upon the proceedings of the trial, conviction and death sentence of Bhutto under the regime of military dictator Gen Zia ul Haq."

He outlined the five key questions presented in the case and read the first question, "Whether the decision of the Lahore High Court (LHC) as well the Supreme Court of Pakistan in the murder trial against Shaheed Zulfiqar Ali Bhutto meets the requirements of the fundamental rights as guaranteed in Article 4, sub-articles 1 and 2(a), Articles 8, 9, 10-A due process and Article 14 and 25 of the Constitution."

"The proceedings of the trial by the LHC and of the appeal by the SC do not meet the requirements of the fundamental rights to a fair trial in due process enshrined in Articles 4 and 9 of the Constitution and later guaranteed as the separate and independent fundamental right under Article 10-A of the Constitution," the CJP said as he announced the opinion of the nine-member bench.

"At the time, the relevant Article 10-A wasn't part of the Constitution but the principles enunciated therein have always been part of our jurisprudence."