News
Sunday, April 03, 2011
Govt files reference to reopen ZAB case
* Babar Awan says PPP filed reference to wash off black slur from judicial history
By Hasnaat Malik
ISLAMABAD: The federal government on Saturday filed a reference in the Supreme Court (SC), to reopen the case of former prime minister and founder of the Pakistan People’s Party (PPP), Zulfikar Ali Bhutto (ZAB), who was hanged on April 4, 1979, in Rawalpindi.
The government filed the reference through Federal Law Secretary, Masood Chishti.
Earlier, Federal Minister for Law and Justice, Babar Awan, addressed a press conference and handed over a copy of the reference to the secretary in full view of the newsmen for filing it in the SC.
President Asif Ali Zardari forwarded the reference to the SC under clause 1 and 2 of the Article 186 of the constitution.
Clause 1 of the Article 186 states: “If, at any time, the president considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration,” while clause 2 says; “The Supreme Court shall consider a question so referred and report its opinion on the question to the president”.
The PPP has always termed the hanging of ZAB a judicial murder.
Briefing the media, Babar said that the reopening of the case would strengthen judiciary and the PPP had filed a reference in the court to wash off a black spot from the judicial history.
He said the reference could not be filed during the tenures of previous PPP governments due to their eventual dismissals.
He argued that international jurists had rejected the decision, and it also had not been handed down in accordance with the Islamic Shariah.
The minister said that the hanging of ZAB in a murder case was a burden and ‘black ink’ on the history.
He recalled that the judges of the SC bench, who had upheld the death sentence handed down by the Lahore High Court, later had publicly acknowledged that the split verdict was pronounced under pressure from the then military dictator.
Babar said that the SC was reopening 40-year old cases, including recovery of loans. “We hope that the apex court will also reopen the ZAB case like other cases,” he said.
Courtesy www.dailytimes.com.pk