SC puts complainant on notice in ZAB reference case
13 December, 2011
ISLAMABAD: The Supreme Court on Monday issued notice to Ahmed Raza Kasuri on whose complaint a murder case was registered against former prime minister and Pakistan People's Party (PPP) founder Zulfikar Ali Bhutto.
An 11-member larger bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, heard the reference, filed by the federation under Article 186 of the constitution for revisiting Zulfikar Ali Bhutto case.
Dr Babar Awan, the counsel for the federation pleaded: "It was not the of trial of murder but murder of a trial."
The court inquired from him whether it would not be necessary that the complainant whose father Nawab Muhammad Ahmed had been killed on November 11, 1974, in Lahore be granted an opportunity to appear before the court in this case. The court questioned why this court had to touch some of the questions of the facts in view of the questions formulated for the opinion of this court and the material evidence to substantiate was likely to be undertaken.
Aitzaz Ahsan, an amicus curae, informed the court that they had discussed the issue and there was consensus that notice should be issued to complainant Ahmed Raza Kasuri in the interest of justice. Abdul Hafeez Pirzada, another amicus curae, said Bhutto's trial was vitiated due to bias, adding that a notice to Kasuri was essential. He said that the court should hear this case in exercise of its suo motu jurisdiction and not under Article 186.
He further said that if the court would hear this case as suo motu then almost everyday people whose dear ones are murdered, would approach the apex court for reopening of cases. The CJP remarked that the court had to give its opinion under Article 186.