2011 SCMR 962 (PLP)

Laws Cited

Representation

• ----Art.186---Advisory jurisdiction of the Supreme Court---Reference by the President of Pakistan---Questions forwarded in continuation of the Reference for opinion of the Supreme Court were that: Whether the decision of the Lahore High Court as well as the Supreme Court of Pakistan in the murder trial against Shaheed Zulfiqar Ali Bhutto meets the requirements of fundamental rights as guaranteed under Article 4, sub-Articles (1) & (2)(a), Article 8, Article 9, Article 10A/due process, Article 14, Article 25 of the Constitution, if it does not, its effect and consequences; whether the conviction leading to execution of Shaheed Zulfiqar Ali Bhutto could be termed as a decision of the Supreme Court binding on all other courts being based upon or enunciating the principle of law in terms of Article.189 of the Constitution, if not, its effect and consequences; whether in the peculiar circumstances of the case awarding and maintaining of the death sentence was justified or it could amount to deliberate murder keeping in view the glaring bias against Shaheed Zulfiqar Ali Bhutto; whether' the decision in the case of murder trial against Shaheed Zulfiqar Ali Bhutto fulfils the requirement of Islamic laws as codified in the Holy Qur'an and the Sunnah of Holy Prophet (SAW) if so, whether present case is covered by doctrine of repentance specifically mentioned in the Suras of Holy Quran; Sura Al-Nisa: Verses 17 & 18, Sura Al-Baqara: Verses 159, 160 and 222, Sura Al-Maida: Verse 39, Sura Al-Aaraaf. Verse 153, Sura Al-Nehal: Verse 119, Sura Al-Taha: Verse 82 as well as Sunan Ibn-e-Maaja, Chapter 171, Hadith No.395; what are effects and consequences of doctrine Re: Repentance and whether on the basis of conclusions arrived at and inferences drawn from the evidence/material in the case an order for conviction and sentence against Shaheed Zulfiqar Ali Bhutto could have been recorded---Supreme Court, in view of the importance of the Presidential Reference appointed senior advocates/jurists as amicus curiae and observed that President Supreme Court Bar Association and Attorney General for Pakistan and the Advocates General of all the Provinces shall also appear and assist the Supreme Court---Original record of the trial of the case was requisitioned from the High Court, enabling the counsel for Referring Authority to obtain copies of the same, if need be, for preparation of arguments, copies whereof shall also be supplied by him to all the other advocates.
• Dr. Babar Awan, Senior Advocate Supreme Court on behalf of President.
• IFTIK.HAR MUHAMMAD CHAUDHRY, C.J.---The President of Pakistan has forwarded the instant reference under Article 186 of the Constitution. The facts and circumstances relating to the questions formulated in the reference need not be detailed at this stage except noting that Dr. Babar Awan, learned Senior Advocate Supreme Court, for the Referring Authority has dilated upon different aspects of the Reference, which was received on 2nd April, 2011 and was fixed for hearing on 13, 14 and 18 April, 2011. Today, i.e. 21-4-2011, following questions have been forwarded in continuation of the reference, which have already been submitted for the opinion of the court:--
• In view of the importance of the Presidential Reference, senior advocates/jurists, M/s. Ali Ahmed Kurd, Tariq Mahmood, Abdul Hafeez Pirzada, Fakhruddin G. Ebrahim, Khalid Anwar, Makhdoom Ali Khan, S.M. Zafar, Aitzaz Ahsan, Zahoorul Haq and Abdul Latif Afridi are hereby appointed as amicus curiae. Ms. Asma Jahangir, President, Supreme Court Bar Association, the learned Attorney General for Pakistan and the learned Advocates General of all the Provinces shall also appear and assist the Court.
• 3. Meanwhile, let the original record of the trial of Zulfiqar Ali Bhutto's case be requisitioned from the Lahore High Court, enabling the learned counsel for the Referring Authority to obtain copies of the same, if need be, for preparation of arguments, copies whereof shall also be supplied by him to all the above learned advocates.

Headnotes / Summary

Judgment & Decree