Chief Justice Yahya Afridi Issues Additional Note on Zulfikar Ali Bhutto Case, Highlights Fair Trial Concerns
Islamabad:Chief Justice of Pakistan, Justice Yahya Afridi, has issued an additional note on the case of former Prime Minister Zulfikar Ali Bhutto, expressing concerns over the lack of fair trial procedures during both the trial and the appeals process. In his note, Justice Afridi emphasized that the essential requirements for a fair trial were not met in this case.
**Nine Months and Twelve Days After the Supreme Court’s Decision**
This additional note came **9 months and 12 days** after the Supreme Court’s ruling on the presidential reference regarding Bhutto’s death sentence. Justice Afridi noted that the Supreme Court, in its advisory jurisdiction, cannot annul a previous decision, but pointed out that Bhutto was not provided with a fair trial opportunity.
**Political Pressure and Judicial Independence**
In his additional note, the Chief Justice also referred to several significant events that led to this case being brought before the court. He pointed out that the political climate at the time exerted undue pressure on the judicial process. The **extraordinary political atmosphere** contradicted the principles of judicial independence and had a negative impact on the fairness of the proceedings.
Justice Afridi highlighted that the judges involved in the case, **Justices Dr. Darab Patel, Mohammad Haleem, and Safdar Shah**, courageously dissented from the majority opinion. Despite their dissent not changing the outcome, their stance stood as an example of judicial impartiality.
**Agreement with Justice Mansoor’s Note on Advisory Jurisdiction**
Justice Afridi partially agreed with Justice Mansoor’s note, stating that the Supreme Court’s jurisdiction under **Article 186** is purely advisory. He further mentioned that he agreed with certain paragraphs of the ruling but reiterated that the trial and appeal processes did not meet the necessary fair trial standards.
**Historical Rectification in March 2023**
Earlier this year, on **March 6**, the Supreme Court, after a delay of **44 years**, acknowledged the historical mistake in the handling of Bhutto’s case. The court acknowledged that the trial was unfair, and the trial court and appellate court had failed to uphold fair trial principles.
**Background of the Case**
It is worth noting that former President **Asif Ali Zardari** filed a reference in April 2011, challenging Bhutto’s death sentence. The first hearing of the presidential reference took place on **January 2, 2012**, under the leadership of then-Chief Justice **Iftikhar Chaudhry**. The case was re-listed for hearing in 2023, and under the leadership of Chief Justice **Qazi Faez Isa**, a 9-judge bench resumed proceedings on **December 12**.
