News
Wednesday, May 11, 2011
SC for legislation to rectify ‘injustice’ done to ZA Bhutto* Justice Chaudhry says ‘such kinds of cases were reopened in other countries after legislation’
* People will start approaching court to get their cases reopened if Bhutto case is reopened
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Tuesday observed that there are other ways to rectify ‘injustice’ done to former premier Zulfikar Ali Bhutto, one among them is through legislation.
The court also observed that during martial law regimes, extraordinary power was given to police while special courts were set up to execute people.
As an 11-judge bench resumed the hearing on the presidential reference filed for revisiting the death sentence of ZA Bhutto, Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry remarked that the nation had not accepted the judgement over the ZAB trial.
He told the federation’s counsel Dr Babar Awan that if they reopened the ZAB case, it would become a precedent, and a number of people would start approaching the apex court to get their cases reopened.
Justice Chaudhry asked him to guide them (judges) over the issue of “revisiting or reopening” of the three verdicts. The CJP said the president had used the word “revisiting” in his reference “but what does this impression convey”. He advised the counsel to assist them so that they could deal with the matter in accordance with the constitution.
Babar replied that the word was intentionally used in specific perspective, saying “The phrase is chosen as review/reopening has the constitutional remedy but subject to limitations. Rules are hereby made by the apex court that are by-product of the constitution. If the word ‘reopening’ was used instead of revisiting, it would be subject to limitations.”
The CJP questioned then what would be the finality they attach to judicial verdict over the issue. In Turkey and South Africa legislation was done and verdicts were reopened, he added. Justice Nasirul Mulk questioned whether the president could ask the court to revisit any judgement under Article 186 of the constitution if review was similar to revisiting.
Babar said the constitution-makers had given powers to the president under Article 186 knowing review had a limited scope although it was a constitutional remedy rather than a procedural one. He said that in a review, there was time limitation of all the cases, but Article 186 empowered the president to get opinion of the court anytime.
During the proceedings, Punjab Advocate General Khawaja Harris informed the court that the federation and provincial governments had decided to make public a report of Justice (r) Shafiur Rehman over a criminal case registered against Bhutto in 1975.
Justice Chaudhry instructed the Attorney General of Pakistan (AGP) to ask police to prepare hand written copies of the record pertaining to the case as photocopies were not readable.
Before the hearing was adjourned until Wednesday, the CJP asked Babar to conclude his arguments as they (judges) wanted to give time to the AGP and amicus curiae onwards. Justice Chaudhry also told him that they would be adjourning the case for three-weeks after Thursday due to prior commitments of some of the judges sitting in the bench.
Courtesy www.dailytimes.com.pk