KARACHI: Nine members larger bench headed by Qazi Faez Isa deserves appreciation for giving opinion in presidential reference that courts do not meet requirements of fundamental rights of fair trial and due process which resulted into hanging of Zulfiqar Ali Bhutto. However, this opinion covers half part of question-I but it is not sufficient to wash blood stains on steps of Supreme Court.

Hashmat Habib President Tehreek-e-Tahafuz-e-Adlia said Supreme Court was bound to answer five questions proposed by President but opinion given on half portion of question-I states proceeding of trial by Lahore High court and of appeal by Supreme Court of Pakistan do not meet requirements of fundamental rights and due process enshrined in Article 4 and 9 of Constitution and later guaranteed as separate and independent fundamental right under article 10-A of Constitution.

He said opinion of Supreme Court is encouraging and we hope that while giving reasons court will also suggest prosecution and punishment of all persons including judges who had committed this crime.  He said all cases pending in Supreme Court or High Courts regarding trial of civilians by military courts also hit by opinion given to this presidential reference because none of case meets requirements of fair trial due process. Convicts were even denied to engage lawyers of their choice. These cases be declared illegal forthwith and cases which have attained finality like Zulfikar Ali Bhutto case inclusive of Jhanda chichi and Total Petrol Pump cases (attempt on Pervez Musharraf) be revisited.

Hashmat Habib said it will be justified and legal to revisit all cases right from Dosso case to February 6 (Qadiani case) on this touch stone. He said that it is not public perception only that either fair or favour deterred performance of judges to administer Justice in accordance with law but this is fact if courts deeply consider procedural and legal lapse in all cases pending before court they will find failure of fair trial and due process.

Published in The Daily National Courier, March, 09 2024

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