n March 1979, a Supreme Court bench, headed by the then chief justice Anwar-ul Haq, upheld Zulfikar Ali Bhutto’s death sentence. On March 6, 2024, a nine-member SC bench, headed by Chief Justice Faez Isa, unanimously stated that Bhutto had not been given a fair trial.

Even though the verdict came 44 years too late, it might help repair the image of the Judiciary.

Announcing the short order after marathon hearings of the Presidential Reference, Justice Isa said, “Zulfikar Ali Bhutto did not get a fair trial; this is our opinion. Zulfikar Ali Bhutto’s trial was not according to the constitution and law. In its advisory jurisdiction under Article 186 of the constitution, this court cannot re-appraise the evidence and undo the decision of the case. However, in detailed reasons we shall identify the major constitutional and legal lapses that occurred with regard to the fair trial and due process. The trial in the Lahore High Court and the appeal proceedings in the Supreme Court did not follow fundamental rights.”

“We must… be willing to confront our past missteps and fallibilities with humility, in the spirit of self-accountability, and as a testament to our commitment to ensure that justice must be served with unwavering integrity and fidelity to the law. We cannot correct ourselves and progress in the right direction until we acknowledge our past mistakes,” the CJP stated.

Earlier, the apex court had resumed the hearing of a presidential reference filed 12 years ago for the review of former prime minister Zulfikar Ali Bhutto’s case. The Pakistan Peoples Party has maintained that the former prime minister’s prosecution was mala fide and that his conviction and execution amounted to a ‘judicial murder.’

In the hearing on December 12, the apex court had appointed nine amici for assistance. The court stated that if they so wished, any of the grandchildren of ZAB could become a party to the case. PPP chairman Bilawal Bhutto was a party to the case. Bhutto’s surviving daughter Sanam Bhutto and his grandchildren Zulfiqar Ali Bhutto Junior and Fatima........

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