ISLAMABAD (APP): Prime Minister Muhammad Shehbaz Sharif on Tuesday referred to the judicial murder of late prime minister Zulfikar Ali Bhutto and said his murder took place on April 4, 1979, and on the same date today, the unfortunate episode was repeated with a decision of the Supreme Court in the polls delay case.
Taking part in the National Assembly session, the prime minister equating the two decisions said today, a murder of justice took place which was highly regrettable. He said in the cabinet’s meeting, they had demanded that a reference over the judicial murder of the late prime minister, which had been pending for the last 12 years, should be taken up and decided by the full court.
He said the world knew that ZAB’s case was a ‘judicial murder’. One of the former judges, who had decided the case, had accepted it in his memories, he added. The prime minister also lauded late ZAB and said he was among the founders of the 1973 Constitution and his historic contribution would always be remembered. He also asked the House to pray for the departed soul of Zulfikar Ali Bhutto.
Minister for Law and Justice Azam Nazeer Tarar on Tuesday said his ministry, as per the Federal Cabinet’s decision, would write to the Supreme Court for the hearing of presidential reference regarding the “judicial murder” of former prime minister Zulfikar Ali Bhutto by a full court bench.
Speaking in the National Assembly, the minister said Zulfikar Ali Bhutto had given the country a unanimous Constitution, but his “judicial murder” reference had been pending in the apex court for the past 12 years. He said the Ministry of Law and Justice, as per the cabinet’s decision, would write to the apex court to form a full court bench to hear the reference so that it might get an opportunity to rectify the historic mistake in the judicial history.
The then president Asif Ali Zardari had sent the reference under Article 186 on April 2, 2011, to the Supreme Court. Azam Tarar said he was sad over the three-member bench’s judgment as the apex court was requested multiple times to constitute a full court bench to decide the polls delay case. He said, “Collective wisdom was needed to avert the constitutional crisis and stop further deteriorating the prevailing ones.”
The Parliament had also passed a resolution in that regard, he added. The minister said, “The division in the apex court was pointed out, which was requested not to make any decision in haste.” The Attorney General for Pakistan, he said, had also requested the court during the last day’s hearing to form a seven-member bench but the same was rejected. Another request for a 13-member bench was also turned down. The legal team would decide about the future course of action on the matter, he added.
He said the coalition parties in the present government were not made parties in the case and their lawyers did not get even a single chance to speak during the last six days of the hearing. He felt sorrow over “the creation of such a crisis,” he added. The minister said it was also “meaningful” that a six-member bench had been formed to review the judgment of Justice Qazi Faez Isa which had ordered to stop the proceedings of cases initiated under Article 184/3 of the Constitution until the formation of the SC rules.
The matter related to Justice Isa’s verdict seemed to have not been addressed with an executive order, he added. He said, “There should not be any environment of conflicts in institutions and the impression of political engineering through institutions should also to be avoided.” Azam Tara said the government wanted free and fair elections across the country simultaneously. He cited according to Article 224 of the Constitution, general elections should be held at the same time across the country, while as per Article 254 polls could be postponed due to some extraordinary situation.
The Election Commission of Pakistan had the mandate to adjust the schedule of the election keeping in view the ground realities but the Supreme Court had itself given the date in its verdict now, he added. The minister said the two provincial assemblies were dissolved by the Pakistan Tehreek-e-Insaf-led governments in January just to satisfy the ego of PTI Chairman Imran Khan.
The three-member SC bench’s verdict regarding elections in Punjab, he claimed, would further deepen the constitutional and political crises in the country. “We have reservations about the decision and our legal team will decide about the future course of action after consultations”, he added.
Moreover, Minister for Railways Khawaja Saad Rafique said the presence of political governments in two provinces would compromise the credibility of the general election. Speaking in the National Assembly, the minister said his party wanted free, fair and transparent elections across the country, but it would not be possible in the presence of political governments in Punjab and Khyber Pakhtunkhwa.
The minister said the general election should be held simultaneously across the country to restore political and economic stability. Collective wisdom was needed to avert the looming constitutional crisis and end the prevailing economic and political ones. Free and fair elections were not possible in the country until the completion of fresh census and delimitation, he said, adding the rigged elections would be dangerous for the unity and integrity of the country.
He regretted that the two provincial assemblies were dissolved by the Pakistan Tehreek-e-Insaf led governments to satisfy the ego of Imran Khan, who should understand that his government was removed constitutionally. Minister for Climate Change Sherry Rehman said today’s judgment came at a time when the country was already facing financial and security challenges.
She said unfortunately a full court bench was not constituted to hear the important case despite the demands from political parties, civil society and bar associations. “We stand by the Constitution of the country,” she added. She said 44 years had lapsed but the Bhutto family, the Pakistan Peoples Party, and the nation had been waiting even today on his death anniversary when justice would be served in the judicial murder of Shaheed Zulfikar Ali Bhutto (ZAB). Former president Asif Ali Zardari, she said, filed a reference in 2011 to get justice in ZAB’s judicial killing. “For the last 12 years that reference is buried under files in the court,” Sherry Rehman regretted.
ZAB is the founder of Constitution: Shehbaz
