Pakistan Case LawReference by the President of Islamic Republic of Pakistan under Article 186 of the Constitution Versus Reference by the President of Islamic Republic of Pakistan Under Article 186 of the Constitution to revisit the case of Zulfiqar Ali Bhutto
This matter concerns a Presidential Reference filed under Article 186 of the Constitution of Pakistan 1973, seeking to revisit the conviction and death sentence of the late Zulfiqar Ali Bhutto. The proceedings before the Supreme Court focused on procedural preliminaries, specifically the appointment and recusal of amici curiae and legal representation for the family members of the deceased. The Court addressed potential conflicts of interest regarding appointed amici, allowing the withdrawal of one amicus due to a prior family connection to a co-accused in the original case, while retaining another despite a disclosure regarding a familial link to the victim of the original murder case, as no objections were raised by the parties present. The Court also facilitated the exchange of evidentiary material, including reports and recordings, among the counsel and amici. Given the significance of the Reference and the Court's intent to conduct a detailed examination of the historical record, the proceedings were adjourned to the third week of February 2024, partly to accommodate the upcoming general elections and to allow for a thorough review of the voluminous documentation submitted.
- Can an amicus curiae be replaced by counsel if the parties involved do not object?
- Does a familial connection to a party in a historical criminal case necessitate the automatic recusal of an appointed amicus curiae?
- Is the Supreme Court empowered to adjourn proceedings in a Presidential Reference to allow for the review of voluminous evidentiary material?
ORDER
The learned Mr. Raza Rabbani states that he represents Ms. Sanam Bhutto, Ms. Bakhtawar Bhutto Zardari and Ms. Aseefa Bhutto Zardari respectively, the daughter and maternal granddaughters of the late Mr. Bhutto. Mr. Zahid. F. Ebrahim was appointed as amicus but states that he had already been approached by Ms. Fatima Bhutto and Mr. Zulfiqar Ali Bhutto, the paternal grandchildren of the late Mr. Bhutto. We enquired from the learned counsel and others present whether anyone has any objection to Mr. Zahid F. Ebrahim being counsel instead of amicus and none object. Learned Khawaja Haris Ahmed was appointed as amicus but he has disclosed that his father was counsel in a contempt case of Masood Mahmood, who was co-accused/approver in the case, therefore, his name may be withdrawn as amicus. Order accordingly. Learned Mr. Salahuddin Ahmed was appointed as amicus and discloses that he is married to the granddaughter of the murdered Nawab Ahmed Khan, therefore, if anyone objects to him being amicus he will withdraw. However, none present object to learned Mr. Salahuddin Ahmed appearing as amicus.
2.We commenced by hearing learned amicus Mr. Makhdoom Ali Khan. He has also filed material contained in two voluminous bound sets.
3.If any amicus or counsel wants a copy of the report of Mr. Justice Shafi ur Rehman or of the recording provided by Geo office to provide the same.
4.In view of the forthcoming elections and as important matters are coming before this Court, and as this Court wants to hear this Reference in detail, it be fixed for hearing in the third week of February 2024, which will also enable us to examine the material filed before us.
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