2025 PLD 737 SUPREME-COURT

Case information

Citation: 2025 PLD 737 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Subject matter: Criminal
Provisions referred to: S. 526---R; Penal Code (XLV of 1860); Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VS arts. 4, 9, 10a & 186---Penal Code (XLV of 1860), Ss. 302, 307, 120B & 109---Criminal Procedure Code (V of 1898), S. 526---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 (“Mr. Bhutto”) by the Trial Court (the Lahore High Court) and the appellate court (the Supreme Court)---Requirements of due process and fair trial not met---Violation of principles of natural justice---Reinvestigation in a closed case ordered mechanically without identifying lapses in the first investigation---Transfer of case from Sessions Court to the High Court by the then acting Chief Justice of High Court with malice and without notice to accused persons---Personal bias and preconceived notions of Judges sitting on the Bench of the Trial Court (High Court)---Evidence of approver not corroborated by reliable evidence---One right of appeal lost/forfeited due to trial in the High Court---appellate court (Supreme Court) failing to consider mitigating circumstances---Detailed reasons for failure to ensure a fair trial and due process stated.

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