Constitutional experts in Pakistan as well as internationally have termed the execution of Pakistan’s first elected prime minister Zulfikar Ali Bhutto (ZAB) illegal, a judicial murder which was clearly influenced by Pakistan army. On April 4, 1979, Bhutto was hanged after Punjabi judges of the Lahore High Court ordered his execution on charges under Section 109 of the Pakistan Penal Code. The experts said several judges of the same bench had conceded that the conviction was awarded because of the Punjabi-dominated army’s pressure, and was against the law. Justice (r) Malik Saeed Hassan said various illegalities had been committed while giving the judgment. He said the then chief justice of the Lahore High Court, Maulvi Mushtaq Hussain, should not have been in the bench, as Bhutto objected his participation.
When ZAB appealed to the Supreme Court against the verdict of the LHC — a bench of nine judges, consisting of Justice Anwarul Haq, Justice Muhammad Akram, Justice Dorab Patel, Justice Abdul Haleem, Justice Nasim Hasan Shah, Justice Ghulam Safdar Shah, Justice Karam Elahi Chauhan, Justice Waheedudin Ahmad and Justice Qaisar Khan — was formed. During the hearing, Justice Qaisar Khan retired and Justice Waheedudin fell sick. The remaining seven judges heard the case and rejected the appeal in a four to three decision on February 2, 1979. Justice Ghulam Safdar Shah, Justice Abdul Halim and Justice Dorab Patel were the three dissenting judges, none of these belonged to Punjab. All four of the Punjabi judges in the Supreme Court review panel upheld the Punjabi Lahore High Court’s decision to sentence ZAB to death.
Pakistan’s current Punjabi Chief Justice Iftikhar Chaudhry’s name should be added to the list of the judges who sentenced ZAB to death because of his ongoing obstructions in the way of the presidential reference to review the ZAB case decision. The ISI-backed Punjabi CJ Iftikhar Chaudhry sentences Zulfikar Ali Bhutto to death, once again, on 17 January 2012 by suspending the license of Babar Awan who was representing the federation with a request to review the ZAB decision.
CJ Chaudhry is not only insulting Pakistan’s constitution but also trying to kill democracy and Pakistan Peoples Party via ISI-inspired cases such as the NRO case and the Memo case.
List of Supreme Court Judges who killed Pakistan’s first elected Prime Minister
- Chief Justice Anwarul Haq (1979)
- Justice Nasim Hasan Shah (1979)
- Justice Muhammad Akram (1979)
- Justice Karam Elahi Chauhan (1979); and
- Chief Justice Iftikhar Chaudhry (2012)
17 January 2012: Supreme Court suspends Babar Awan’s license in the Zulfikar Ali Bhutto reference case
The Supreme Court of Pakistan suspended the license of federation’s counsel Babar Awan temporarily in the Zulfikar Ali Bhutto (ZAB) presidential reference case on Tuesday (17 Jan 2012). The Pakistan army-influenced court, headed by Chief Justice Iftikhar Muhammad Chaudhry, ordered Attorney General Maulvi Anwarul Haq to inform President Asif Ali Zardari that his counsel’s license has been suspended in the reference case, and the government should find a new lawyer.
During the hearing, Awan sought time from the court to find a new lawyer, but the court insisted on passing an interim order of cancelling his license.
The court has also sought the complete educational record of Awan.
The court said that the hearing of the ZAB reference case will be resumed when a new lawyer is appointed.
On December 1, after the Supreme Court ordered the formation of a commission to probe into the Memogate case, Awan addressed a press conference where he recited a Punjabi verse, which according to the ISI-backed Punjabi Chief Justice Iftikhar Chaudhry represented ‘extremely derogatory’ language.
An ISI-backed Punjabi judge sentenced Pakistan’s first elected Prime Minister to death in a controversial decision which is today remembered as the judicial murder of Zulfikar Ali Bhutto (Founder Chairman of PPP).
Another ISI-backed Punjabi judge is currently busy in derailing Pakistan’s elected government (of PPP and coalition) through ISI-inspired cases: the NRO case and the Memo case. The cancellation of license of ZAB reference case lawyer is not only an insult to Pakistan Peoples Party but is also a continuation of ZAB’s judicial murder.
Today’s decision is also a slap on the faces of the Third Jeem (journalists in Urdu and English media) who want to mislead and deceive Pakistani and international audience that no military coup is likely to take place in Pakistan. They are dutifully obfuscating facts while the First Jeem (Generals or Jenerals) is already enacting a silent coup via the Second Jeem (Judiciary). The Teen Jeem (3Js) are in action, once again!
We are republishing our previous post on this topic: Pakistan’s Nazi Judiciary vs Babar Awan
We condemn the Pakistan army-backed Chief Justice Iftikhar Chaudhry and his tribe in the Supreme Court on their ongoing attacks on the elected government and its various ministers and officials. Supreme Court is currently hearing a reference filed by President Asif Zardari under Article 186 (advisory jurisdiction of Supreme Court) of the Constitution seeking revisiting of the death sentence awarded to former prime minister and PPP founder Zulfikar Ali Bhutto in 1979. However, instead of providing relief to the party whose founder was judiciary murdered 32 years ago by Pakistan army, CJ Iftikhar and his judicial co-tribals are using the case to victimize and attack the aggrieved party.
What we are currently witnessing in Pakistan is the action replay of how Teen Jeem (Jenerals and their loyalist Judges and Journalists) act in close coordination to undermine and derail a democratic government.
In the latest development, the vice president of Pakistan People’s Party (PPP) senator Babar Awan was today (5 January 2012) issued second show cause notice in two days on contempt of court order by the Supreme Court of Pakistan.
The court was hearing the Bhutto reference case on Thursday when Awan, who is federation’s lawyer in the case, was reprimanded after a video was played in the courtroom in which the PPP leader was seen commenting on the show cause notice issued by SC on Wednesday.
The video was recorded and misrepresented by one Jeem (journalists), shown to another Jeem (judges) and the order against the PPP’s VP was passed to appease the third jeem (jenerals). Arrangements were made on the court’s orders for footage and news clips of the remarks given by the former minister.
After watching the video (in which there was hardly anything objectionable said by Babar Awan, it was a tiny piece of Punjabi poetry), the court issued another show cause notice to the senator and senior PPP leader.
The chief justice asked Awan as to why he ridiculed the notices issued to PPP leaders and said: If you would not respect the state’s institutions, then who would? [Will the ISI-backed judges show similar respect to the country’s elected president and prime minister that that they are expecting others to show to them?] Justice Iftikhar said that he was in favour of criticising the judiciary [Really? Then why this outrage against Awan?] but Awan’s comments were not criticism, adding that Awan was not issued a license to insult the apex court.
Justice Jawwad Khwaja said that Awan’s comment was not contempt of order but insult of judiciary. Justice Khwaja decided to quit the bench after viewing footage of the comments. He was quoted as saying that he would not forgive Awan even if 10 other judges on the bench would decide to pardon him.
In reply, Awan said that he did not intend to insult the judiciary rather he was appreciating the court and its order through Punjabi poetry. CJ Iftikhar Chaudhry warned Awan of cancelling his licence in view of his statement and asked him to bring his file having the details of his license in the next hearing. Awan has been directed to submit his reply by 9th January.
While we have in the past disagreed with certain statements and actions of Babar Awan (e.g., his objectionable statements about Ahmadi Muslims), such steps by the ISI-backed judiciary are in fact increasing PPP workers’ sympathies towards Awan.
As noted by Asad Munir on Twitter:
asadmunir38 Asad Munir
PPP real Jiyalas never had a great liking for Babar Awan but these contempt notices may change their opinion
It is pertinent to mention that the Supreme Court had issued show cause notices to Babar Awan and several other senior leaders of PPP over the December 1 press conference to against SC’s initial hearing on the ISI-made memo case. The other PPP leaders who were issued show cause notices on Wednesday include Federal information minister Firdous Ashiq Awan, Farooq Awan, Khursheed Shah and former federal mister for information and broadcasting Qamar Zaman Kaira.
Here is a copy of Babar Awan’s video shown in the court. Pakistan’s supreme court, it seems, is acting like a kangaroo court or a Nazi court which does not want to tolerate even a light sarcasm on its ISI-inspired political activism. Where is free speech, My Lord?