| Citation(s) |
|---|
| 2024 SLG 5977 2024 SLD 5977 = 2024 PLD 509 |
Supreme Court of Pakistan
REFERENCE NO. 1 OF 2011 [Reference by the President of Islamic Republic of Pakistan under Article 186 of the Constitution] Reference No. 1 of 2011, decided on 6th March, 2024.
Present: Qazi Faez Isa, CJ, Sardar Tariq Masood, Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Musarrat Hilali, JJ
On behalf of President: Mansoor Usman Awan, Attorney-General for Pakistan assisted by Ch. Aamir Rehman, Additional Attorney-General, Malik Javed Iqbal Wains, Additional Attorney-General, Raja M. Shafqat Abbasi, Deputy Attorney-General and Ms. Marium Ali Abbasi, Advocate. On Court Notice: Khalid Ishaq, Advocate-General, Punjab, assisted by Sanaullah Zahid, Addl. A.G. Hassan Akbar, Advocate-General, Sindh assisted by Qazi M. Bashir, Addl. A.G. Amir Javed, Advocate-General, Khyber Pakhtunkhwa, assisted by Sultan Mazhar Sher Khan, Addl. A.G. Asif Reki, Advocate-General, Balochistan assisted by M. Ayaz Swati, Addl. A.G. For the LRs of the Late Zulfiqar Ali Bhutto: Farooq H. Naek, Sr. Advocate Supreme Court, assisted by Iftikhar Shah and Sheraz Shaukat Rajpar, Advocates (on behalf of Bilawal Bhutto Zardari). Mian Raza Rabbani, Advocate Supreme Court, assisted by Zeeshan Abdullah, Advocate (on behalf of Ms. Sanam Bhutto, Ms. Bakhtawar Bhutto and Ms. Aseefa Bhutto). Zahid F. Ibrahim, Advocate Supreme Court, assisted by Altamash Arab, Advocate (on behalf of Ms. Fatima Bhutto and Zulfiqar Ali Bhutto). Amicus Curiae Manzoor Ahmad Malik. Hon'ble former Judge, assisted by Ansar Nawaz Mirza, Advocate Supreme Court, Haider Rasul, Advocate Supreme Court and Shahryar Riaz, Advocate High Court. M. Makhdoom Ali Khan, Sr. Advocate Supreme Court, assisted by Saad Mumtaz Hashmi, Advocate Supreme Court. Khalid Jawed Khan, Advocate Supreme Court. Ch. Aitzaz Ahsan, Sr. Advocate Supreme Court, assisted by Ms. Zunaira Fayyaz Siwia, Advocate and Qaiser Nawaz, Advocate. Assadullah Khan Chamkani, Advocate Supreme Court, assisted by M. Tariq Khan Hoti, Advocate Supreme Court. Salahuddin Ahmed, Advocate Supreme Court, assisted by Ehsan Malik and Aman Aftab, Advocates. Complainant: Ahmed Raza Khan Kasuri, Advocate Supreme Court (in person). For SCBA: Ali Imran, Advocate Supreme Court.
REFERENCE NO. 1 OF 2011 [Reference by the President of Islamic Republic of Pakistan under Article 186 of the Constitution] Reference No. 1 of 2011, decided on 6th March, 2024.
Present: Qazi Faez Isa, CJ, Sardar Tariq Masood, Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi and Musarrat Hilali, JJ
On behalf of President: Mansoor Usman Awan, Attorney-General for Pakistan assisted by Ch. Aamir Rehman, Additional Attorney-General, Malik Javed Iqbal Wains, Additional Attorney-General, Raja M. Shafqat Abbasi, Deputy Attorney-General and Ms. Marium Ali Abbasi, Advocate. On Court Notice: Khalid Ishaq, Advocate-General, Punjab, assisted by Sanaullah Zahid, Addl. A.G. Hassan Akbar, Advocate-General, Sindh assisted by Qazi M. Bashir, Addl. A.G. Amir Javed, Advocate-General, Khyber Pakhtunkhwa, assisted by Sultan Mazhar Sher Khan, Addl. A.G. Asif Reki, Advocate-General, Balochistan assisted by M. Ayaz Swati, Addl. A.G. For the LRs of the Late Zulfiqar Ali Bhutto: Farooq H. Naek, Sr. Advocate Supreme Court, assisted by Iftikhar Shah and Sheraz Shaukat Rajpar, Advocates (on behalf of Bilawal Bhutto Zardari). Mian Raza Rabbani, Advocate Supreme Court, assisted by Zeeshan Abdullah, Advocate (on behalf of Ms. Sanam Bhutto, Ms. Bakhtawar Bhutto and Ms. Aseefa Bhutto). Zahid F. Ibrahim, Advocate Supreme Court, assisted by Altamash Arab, Advocate (on behalf of Ms. Fatima Bhutto and Zulfiqar Ali Bhutto). Amicus Curiae Manzoor Ahmad Malik. Hon'ble former Judge, assisted by Ansar Nawaz Mirza, Advocate Supreme Court, Haider Rasul, Advocate Supreme Court and Shahryar Riaz, Advocate High Court. M. Makhdoom Ali Khan, Sr. Advocate Supreme Court, assisted by Saad Mumtaz Hashmi, Advocate Supreme Court. Khalid Jawed Khan, Advocate Supreme Court. Ch. Aitzaz Ahsan, Sr. Advocate Supreme Court, assisted by Ms. Zunaira Fayyaz Siwia, Advocate and Qaiser Nawaz, Advocate. Assadullah Khan Chamkani, Advocate Supreme Court, assisted by M. Tariq Khan Hoti, Advocate Supreme Court. Salahuddin Ahmed, Advocate Supreme Court, assisted by Ehsan Malik and Aman Aftab, Advocates. Complainant: Ahmed Raza Khan Kasuri, Advocate Supreme Court (in person). For SCBA: Ali Imran, Advocate Supreme Court.
President of the Islamic Republic of Pakistan
Law: Constitution of Pakistan, 1973
Section: 4,189
(a) Constitution of Pakistan-------Arts. 4, 8, 9, 10A, 14, 25 & 186---Reference by the President under Article 186 of the Constitution to revisit the cases of Zulfiqar Ali Bhutto (former Prime Minister of Pakistan) 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)---Murder trial of Zulfiqar Ali Bhutto by the Trial Court (the Lahore High Court) and the appellate court (the Supreme Court)---Requirements of due process and fair trial---Whether the decision of the Lahore High Court as well as the Supreme Court of Pakistan in the murder trial against Zulfiqar Ali Bhutto meets the requirements of fundamental rights as guaranteed under Article 4, subArticles (1) and (2)(a), Article 8, Article 9, Article 10A/due process, Article 14, Article 25 of the Constitution?; and, if it does not, its effect and consequences?--Supreme Court opined that the proceedings of the trial by the Lahore High Court and of the appeal by the Supreme Court of Pakistan do not meet the requirements of the Fundamental Right to a fair trial and due process enshrined in Articles 4 and 9 of the Constitution and later guaranteed as a separate and independent Fundamental Right under Article 10A of the Constitution---Constitution and the law do not provide a mechanism to set aside the judgment whereby Mr. Bhutto was convicted and sentenced; the said judgment attained finality after the dismissal of the review petition by the Supreme Court.(b) Constitution of Pakistan-------Arts. 186 & 189---Reference by the President under Article 186 of the Constitution to revisit the cases of Zulfiqar Ali Bhutto (former Prime Minister of Pakistan) 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 Court53)---Murder trial of Zulfiqar Ali Bhutto by the Trial Court (the Lahore High Court) and the appellate court (the Supreme Court)---Whether the conviction leading to execution of Zulfiqar Ali Bhutto could be termed as a decision of the Supreme Court binding on all other courts being based upon or enunciating the principle of…