SC to hear reference against Zulfikar Ali Bhutto death sentence next week

• Nine-member bench, headed by CJP, to hear reference.
• Last hearing of reference was held on Nov 11, 2022.
• SC to also hear IHC ex-judge Shaukat Siddiqui plea on removal.

ISLAMABAD: The Supreme Court is set to take up the 12-year-old presidential reference on revisiting the controversial death sentence awarded to former prime minister Zulfikar Ali Bhutto next week, The News reported Friday. 

A nine-member larger bench of the Supreme Court, headed by Chief Justice of Pakistan Qazi Faez Isa, will hear the presidential reference on reconsideration of Bhutto’s death sentence judgment on December 12.

The decision to fix the instant case was made under Section 2(1) of the Supreme Court (Practice and Procedure) Act, 2023, by a three-member committee comprising CJP Isa, Justice Sardar Tariq Masood and Justice Ijazul Ahsan.

According to Supreme Court Registrar Jazeela Aslam, the other members of the larger bench are Justice Masood, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminud Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali.

It is pertinent to mention that former president Asif Ali Zardari, on April 2, 2011, had approached the apex court through a presidential reference under Article 186 of the Constitution to seek its opinion on revisiting the trial of Pakistan Peoples Party (PPP) founder Zulfikar Ali Bhutto. The last hearing of the reference was held on November 11, 2022.

Earlier, an 11-member larger bench of the apex court, headed by former chief justice Iftikhar Muhammad Chaudhry, had conducted five hearings in the presidential reference.

Babar Awan, the then federal law minister in the PPP regime, had earlier appeared as the federal government’s lawyer in the case and presented lengthy arguments. However, on January 17, 2012, Awan’s law practice license was suspended for criticising the court’s order in the Memogate case. Later, the case was adjourned due to a change of counsel who were appearing in the instant reference.

Meanwhile, the Supreme Court has also fixed the petition of sacked Islamabad High Court (IHC) Judge Shaukat Siddiqui challenging his removal for misconduct on December 14.