Bhutto reference: Surrender of Supreme Courts? – Special report with images

International Professor

Supreme Courts has selected eleven jurists as amicus curiae to assist in so called Bhutto reference and surprisingly all of those belong to Peoples Party or pro-Zardari mafia.

We don’t know why Chief Justice has decided to seek assistance from only those lawyers who already have specific point of view and known for their aggressive attacks on the courts. Or Courts have made mind to listen only and only specific point of view. However further hearings and decisions would reflect actual motive of judges. However appointment of those persons which already have disclosed their point of view is surprising and why non-partisan or neutral persons have not been selected. List showing names and their political mindset is as under:

Asma Jahangir: Her pro-PPP points of view are very well on records; moreover Zardari financed her during current Supreme Court bar’s elections, Babar Awan distributed millions as bribe for her success.

Ali Ahmed Kurd and Justice (R) Tariq Mahmood: Both appeared on the scene during lawyer’s movement for the restoration of Judiciary, in fact those were implanted by Zardari and Benazir, and another character of this group is Athar Minallah, entire of this group is headed by Aitzaz Ahsan and those turned their back to Supreme Courts when NRO cases were taken in to account and whole group backed Zaradri’s nominated candidate Asma Jahangir in Supreme Court bar’s elections. 

Abdul Hafeez Pirzada: is an old worker of PPP and his views are not hidden.

Fakhuruddin G Ibrahim always have pro-PPP stance and he has close association with liberal fascists and Indian lobby in Pakistan. He belongs to Asma Jahangir, I A Rahman, and Mahdi Hasan group and every one already has explained their pro-PPP stance on national media.

Aitizaz Ahsan: He is also worker of PPP and he is openly pleading Zardari point of view on national media. Moreover he was also responsible to take Chief Justice to the residence of Zardari with him; it was one of the most controversial acts of Chief Justice that was widely criticised.

Khalid Anwar:  In 1997, he was appointed the Federal Minister for Law, Justice and Human Rights. He has no open association with any party neither he has expressed any views in this regard.

Makhdom Ali Khan: According to records he was appointed by Musharraf to work as Attorney General and he served his entire tenure from 2001-2007, including PCO during 2007. If he still has sympathies with Mush League, then Mush league is openly in support and its leaders are openly siding with Zardari in this case. Refer discussions of Fawad Ch: and Sher Afgan Niazi on TV channels. Mush League has turned their back from Ahmad Raza Qasoori, who is also a leader of Mush League. 

S M Zafar: He is a leader of PML Q and since many days openly talking about judicial murder theories on TV channel. Since Q league is already on board to join Government then results of his views could be presumed.

Abdul Latif Afridi: He is openly preaching judicial murder theories on TV channels, last week he confessed to smuggle Justice Safdar Husain Shah out of country on a TV channel.

Zahoor ul Haq: He was appointed bu Musharraf to plead State's appeal for the “Enhancement” of Nawaz Sharif's sentence in plane high jacking case.

Majority of above persons have specific point of view and have firm belief on “Judicial Murder “theory, whether Chief Justice expect that anyone would assist to defend courts, answer is no. So Justices of Supreme Courts must be ready to hang two justices of High Courts and eleven justices (4 + 7) of Supreme Courts including Justice Durrab Patel, who differed at one stage but later agreed with all of the other six justices to reject appeal of Zulfiqar Ali Bhutto.

Question to mention case of Zulfiqar Ali Bhutto as a reference.

Many PPP’s leaders and foolish friends of Bhutto’s are continuously misguiding peoples that case of Zulfiqar Ali Bhutto has never been referred in any court case as a precedence, and according to them the lawyer’s community regard case of Zulfiqar Ali Bhutto as “Judicial Murder”, same peoples also says that nobody refers his hanging case as an argument. Facts are otherwise:

There are many occasions when lawyers referred case of Zulfiqar Ali Bhutto as precedence. Unfortunately Chief Justice seems to be in extreme hurry and within hours of submission of the current Bhutto reference, the judges seem to be ready for hearing the case without wasting any time. It is very difficult to search millions of court documents and view hundred thousand cases in such un-necessary hurry.

However we have one precedence when case of Z A Bhutto was mentioned as a reference, Barrister Zahoor ul Haq, the appointed amicus curiae by Chief Justice Iftikhar Muhammad Chowdry did refer case of Z A Bhutto in Oct 2000.

Quote: October 06, 2000: (date of media report)

“KARACHI, Oct 6: The Sindh High Court on Friday commenced hearing in

the prosecution's appeal challenging the acquittal of six accused

in the plane case.

Barrister Zahoorul Haq argued for the conviction of Shahbaz Sharif,

Saifur Rahman, Syed Ghous Ali Shah, Rana Maqbool, Shahid Khaqan

Abbasi and Saeed Mehdi before the full bench comprising Chief

Justice Saiyed Saeed Ashhad, Justice Sarmad Jalal Osmany and

Justice Wahid Bux Brohi.

He then referred to Article 23 of Qanoon-i-Shahadat to prove his

point on the role of co-conspirators and for establishing the

"Union of mind." He contended that the ATC judgment was not sustainable because the  evidence relied upon had been ignored for no valid reasons.

While Barrister Zahoor was making submissions on the union of mind and relying on Z.A. Bhutto's case, the CJ observed that "something must be shown to have been done to establish union of mind, . . . . . . .”Unquote. For full report click the link below :( 1)

There is no doubt that case of Z A Bhutto is unique one, Because he was the only Prime Minister of Pakistan that was indicted in a murder crime, he used his authority and power on state servants to commit murder, later state servants committed crime, and later same state employees appeared as witnessed against Zulfiqar Ali Bhutto in Courts.

Finally all of the above witnesses held Quaran in the courts in front of all judges and in the presence of Zulfiqar Ali Bhutto and his attorneys, witnesses pointed their finger towards “Zulfiqar Ali Bhutto” sitting in the courts and loudly said that “this person (Z A Bhutto) ordered us to murder Ahmad Raza Qasoori, while by mistake his father was murdered”.

How anyone can say that it as “Judicial Murder”. Later all of above witnesses were also hanged by same courts in the same case. Media published letters and poems of hanged witnesses, and not a single stage any witness claimed that he was under pressure to witness. Search Urdu newspapers before the hanging of Mian Ghulam Abbas DIG FSF, inspector Sufi Ghulam Mustafa, retired SSG Commandos and inspectors of FSF Rana Iftikhar and Arshad Iqbal.

1.      http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/oct07.html#anot