2024 PLD 509 SUPREME-COURT

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VS 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, sub-articles (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. Citation Name: 2024 PLD 509 SUPREME-COURTBookmark this Case VS 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 Court 53)---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 law in terms of article 189 of the Constitution? and, if not, its effect and consequences?---Supreme Court opined that referenced questions do not specify the principle of law enunciated by the Supreme Court in the Zulfiqar ali Bhutto case regarding which the Supreme Court's opinion is sought---Therefore, it cannot be answered whether any principle of law enunciated in the Zulfiqar ali Bhutto case has already been dissented to or overruled. Citation Name: 2024 PLD 509 SUPREME-COURTBookmark this Case VS art. 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)---Whether the decision in the case of murder trial against Zulfiqar ali Bhutto fulfils the requirements of Islamic laws as codified in the Holy Quran and the Sunnah of the Holy Prophet (SaW)?; if so, whether present case is covered by doctrine of repentance specifically mentioned in the following Suras of Holy Quran: (i) Sura al-Nisa, verses 17 and 18; Sura al-Baqara, verses 159, 160 and 222; Sura al-Maida, verse 39; Sura al-aaraaf, verse 153; Sura al-Nahl, verse 119; Sura al-Taha, verse 82, as well as Sunan Ibn-e-Maaja, Chapter 171, Hadith No. 395; and, what are effects and consequences of doctrine - Re: Repentance---Supreme Court opined that it was not rendered any assistance on this question, therefore, it would be inappropriate to render an opinion on the same. Citation Name: 2024 PLD 509 SUPREME-COURTBookmark this Case VS art. 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)---Whether in the peculiar circumstances of the present case awarding and maintaining of the death sentence was justified or it could amount to deliberate murder keeping in view the glaring bias against Zulfiqar ali Bhutto?; and, whether on the basis of conclusions arrived at and inferences drawn from the evidence/material in the case an order for conviction and sentence against Zulfiqar ali Bhutto could have been recorded?---Supreme Court opined that in its advisory jurisdiction under article 186 of the Constitution, it cannot reappraise the evidence and undo the decision of the case---However, in the detailed reasons, the Supreme Court shall identify the major constitutional and legal lapses that had occurred with respect to fair trial and due process.

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