Zulfiqar Ali Bhutto Presidential Reference, Supreme Court issued brief written opinion
It is our constitutional responsibility to
fulfill our obligations, according to the Supreme Court
It is our responsibility to make impartial
decisions in accordance with the law, regardless of malice.
There were some cases in the judicial history
which gave rise to public opinion.
Public opinion arose that the Judiciary is a
victim of fear and greed in fulfilling its responsibilities
We have
to hold ourselves accountable by openly admitting our past mistakes.
You
can't move forward until you admit your mistakes.
The
reference came during the PPP era, which was not withdrawn by subsequent
governments.
The
non-retraction of the reference by subsequent governments reflects the
collective will of the people
The case
in the High Court and then in the Supreme Court was not conducted in accordance
with fundamental rights and transparent trial.
The
revision appeal against the sentence given to Zulfiqar Ali Bhutto has also been
dismissed
There is
no such procedure in the Constitution and the law under which the decision can
be declared null and void.
The
application of the decision to the Supreme Court and other courts as a judicial
precedent is necessary? This point was not raised
Was the
punishment judicial killing or fair? Third and fifth questions in the
presidential reference
The
court can neither re-examine the evidence nor set aside the judgment on the
basis of the reference,
will
point out constitutional and legal flaws in transparent trial and legal
procedures,
Was the
punishment correct in the light of Islamic teachings? Support not provided,
can't comment...