The Chairperson of Pakistan People’s Party Bilawal Bhutto Zardari has moved the Supreme Court to reopen the case regarding the capital punishment of former Prime Minister and founder of PPP Zulfiqar Ali Bhutto. Some 44 years ago, Zulfiqar Ali Bhutto was hanged to death after proving the charge of murder against him in the court on 4th April, 1979, during the reign of General Zia-ul-Haq.
During the first hearing of the case, the Supreme Court of Pakistan adjourned the hearing till January 2024. The reference was filed in 2011, some 12 years ago by then President of the country Asif Ali Zardari in which he asked the court to revise the decision of death penalty . The Pakistan People Party terms the sentence against Zulfiqar Ali Bhutto as a judicial murder. The last hearing of this presidential reference was conducted by an 11-member bench of the Supreme Court under the leadership of former Chief Justice Chief Iftikhar Muhammad Chaudhry. After this hearing, the reference seemed to have been forgotten.
Indications suggest that this time the case may not reach a conclusion without reaching a verdict. Bhutto’s case is a unique one in our judicial history, unparalleled by any previous instance. Perhaps as unique as the verdict on Bhutto’s punishment, which has been viewed as a singular event in Pakistan’s judicial system.
The fundamental question in Bhutto’s case before the court is whether, after a decision has been rendered by the Supreme Court, in which all available options of review according to the law have been exhausted, can a further avenue of review be pursued under Article 186 of the Constitution?
If the Supreme Court decides to lift this heavy stone and grants the reference a hearing, it will be a unique event in Pakistan’s judicial history. Almost half a century later, an individual will be held accountable by the court for a decision made against him, presenting evidence against his own institution and arriving at a conclusion based on testimonies.
Those familiar with the Constitution and the law know that Bhutto’s hanging was the only decision in Pakistan’s history where the sentence of hanging was pronounced in a criminal trial, but no court in Pakistan followed that decision as a legal precedent.
According to Article 186 of the Constitution, the President of the country can seek the opinion of the Supreme Court if, at any time, they believe that it is necessary to obtain the court’s advice on a matter of public importance. After deliberating on the matter, the Supreme Court provides its opinion to the President.
The hearing of this reference in the Supreme Court is intriguing, especially considering the specific circumstances of that time. It was a period when the movement for restoration of judiciary was sweeping across the country, challenging the perceived dominance of military rule, and voices were rising to dismantle every facet of military authority.
Under the constitution of Pakistan, the Supreme Court has unlimited powers to fulfill the demands of justice. If it desires, the Supreme Court can attempt to cleanse this stain through the verdict on this presidential reference.