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---Biased and impartial conduct of the acting Chief Justice of the High Court towards Mr. Bhutto---Non-observance of prescribed procedure under the Code of Criminal Procedure, 1898 ('Cr.P.C.') by the High Court---Proceedings of the trial held in-camera without any justification---Necessary material to prepare defence effectively not provided---Denial of right to defend---Discrepancies and irregularities in the testimony of the approver---Lack of corroboration of evidence provided by the approver---Evidence of material witnesses full of contradictions, improvements and improbabilities---Motive remaining unproved---Negative report of ballistics experts---Major constitutional and legal lapses that undermined the proceedings of trial of Mr. Bhutto before the High Court as well as the appeal filed by him before the Supreme Court stated.

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