Law: Constitution of Pakistan, 1973

Section: 186

Constitution of Pakistan--- ----Art. 186---Reference by the President under Article 186 of the Constitution to revisit the cases of Zulfiqar Ali Bhutto reported as Zulfikar Ali Bhutto and 3 others v. The State (PLD 1979 Supreme Court 38) and Zulfikar Ali Bhutto v. The State (PLD 1979 Supreme Court 53)---Directions issued by the Supreme Court in the present matter provided. Supreme Court after appointing several amici curiae to attend to the constitutional and legal aspects of the present matter directed that the first and foremost constitutional and legal points, in addition to those recorded in the previous order dated 21 April 2011, reported as Reference No.1 of 2011: In re (2011 SCMR 962) that require consideration are: (i) Whether the Presidential Reference is maintainable under Article 186 of the Constitution; (ii) Whether the Presidential Reference requires a factual inquiry, and if so, whether under Article 186 of the Constitution an opinion can be given in this regard; (iii) The constitutional/legal position of the trial and appeal, and its credibility/legitimacy when the person being tried was removed from power by a usurper who himself assumed power and then launched the prosecution of Mr. Bhutto in a criminal case which was filed as 'untraced'; and (iv) Were certain judge(s) removed from the trial and/or hearing the appeal to secure a particular result. Supreme Court further directed that with regard to the criminal law aspects of the present matter the amici curiae may assist on the following: (i) If, and when, can a murder trial be conducted by the High Court, and to cite local and international precedents; (ii) Was the murder-trial being conducted by the High Court objected to, and if it was, how was the objection attended to; (iii) The consequences, if any, of departing from the usual mode of trial; (iv) The admissibility or otherwise of a confessional statement of an approver and to what extent can it be used against a co-accused; (v) Was there any legal bias, and if so its effects; and (vi) What were the facts leading to reopening the investigation, and was it because fresh evidence had been discovered or was it on account of the usurper…

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