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Tariq Mehmood expresses inability to assist in ZAB's reference
ISLAMABAD: Justice Tariq Mehmood (r) on Monday requested the Supreme Court to excuse him from assisting the court as an amicus curiae in the pending Presidential reference seeking a revisit of the murder case of Shaheed Zulfikar Ali Bhutto, the country's first democratically elected prime minister.While Azizullah, son of late Justice Anwarul Haq, who authored the death verdict of late ZAB, also addressed a letter to the apex court praying to make him a party in the case.
Appearing before an eleven-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Tariq Mahmood submitted a written request, saying that advocate Ahmed Raza Kasuri had expressed apprehensions over his (Justice Tariq) inclusion in a panel of amicus curiae, so he would be unable to assist the Court.
He also admitted that it was honour for him to be nominated as friend of the court but after Kasuri's apprehensions, his request might be accepted.
The chief justice told Tariq that if Kasuri's concerns over his nomination were correct then he was justified in withdrawing his assistance and if not, then he should continue.
However, upon his request, the bench accepted his request.
During hearing, Barrister Aitzaz Ahsan, also an amicus curiae, said that Kasuri also objected to his nomination but he would not request dissociation from the case.
He maintained that he was loyal to PPP but at the same time he always stood for the just cause of judiciary.
He requested the court that it might decide whether his assistance over the case was required or not.
The bench observed that he was nominated irrespective of his party affiliations and after considering his contribution to bar.
Justice Jawwad S. Khawja observed that it was the duty of judiciary and counsels to uphold principles of law irrespective of their personal affiliations.
Justice Sarmad Jalal Osmani told him that he could assist the court in an impassioned manner.
Earlier, Ahmed Raza Kasuri, had submitted a reply in response to a notice issued to him in larger interests of justice, to appear in the case.
Kasuri in his plea said seven out of ten amici curiae appointed by the court to assist it in the reference, were certainly not his friends. To this respect he mentioned to Abdul Hafeez Pirzada, Fakhruddin G. Ebrahim, Barrister Aitzaz Ahsan, Abdul Latif Afridi, Barrister Zahoorul Haq, Ali Ahmad Kurd and Tariq Mehmood.
The bench also instructed Dr Babar Awan, counsel for referring authority, to apprise it on Tuesday about any judicial verdict of the world in which issue of partiality of judges was raised after reaching a final decision.
Dr Babar contended that in Asif Ali Zardari's case, the Supreme Court had held that bias and partial judges could not conduct proceedings.
He contended that in SGS Cotecna case, the judges suspended sentences of late Benazir Bhutto on the same basis.
The chief justice observed that the decision was taken in an appeal and asked the counsel to produce a judicial verdict discussing the bias issue of judges after a final decision.
He observed that the bench has to follow a judicial precedent for revisiting of final decision on ZAB's trial.
Babar cited Roopa Ashok case by saying the Indian Supreme Court had in 2002 adjudicated upon the revisiting issue.
The CJ reminded him that he wanted to say that the Court should exercise its jurisdiction to set things right but for that purpose he would have to cite judicial precedents.
Justice Jawwad S. Khawja remarked that Abdul Hafeez Pirzada had also alluded to such jurisdiction of the Court.
Further hearing was adjourned till Tuesday. (APP)
Courtesy www.geo.tv