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CJP Yahya Afridi Issues Dissenting Note on Zulfikar Ali Bhutto Reference
Chief Justice Yahya Afridi highlights judicial pressures & lack of fair trial in Zulfikar Ali Bhutto's assassination case. Acknowledges brave dissent by justices of the era.
ND
by News Desk
2024-12-18
CJP Yahya Afridi Issues Dissenting Note on Zulfikar Ali Bhutto Reference

Chief Justice of Pakistan (CJP) Yahya Afridi has issued an additional dissenting note regarding the presidential reference on the assassination case of former Prime Minister Zulfikar Ali Bhutto.

In his note, the Chief Justice acknowledged the observations of his colleagues, particularly aligning partially with Justice Mansoor Ali Shah’s views and paragraph 186 of the decision regarding fair trial standards. He emphasized that while the Supreme Court holds advisory jurisdiction in such references, the case merits discussion to ensure justice and judicial independence.

Observations on Judicial Independence

CJP Afridi raised concerns about the unusual political environment of the time, which he said exerted undue pressure on judicial processes. Referring to an interview with Justice Naseem Hassan Shah, he pointed out that the extraordinary political atmosphere compromised judicial independence and fair trial requirements.

“The pressure in the unusual political atmosphere of that time affected the process of justice, all of which was contrary to the ideals of judicial independence,” Afridi noted.

He praised the dissenting voices of Justice Durab Patel, Justice Muhammad Haleem, and Justice Safdar Shah, who had opposed the majority decision despite prevailing pressures. “Their dissent, although unable to alter the outcome, stands as a testament to the enduring principles of impartiality and justice,” he added.

Fair Trial Standards Questioned

CJP Afridi concluded that the requirements of a fair trial were not met during the trial and appeal proceedings in the Zulfikar Ali Bhutto case. He emphasized that deviation from constitutional principles and the rule of law severely impacted judicial proceedings, particularly in politically charged cases.

Historical Context

Zulfikar Ali Bhutto, Pakistan’s first democratically elected prime minister, was convicted and executed in 1979 under charges of conspiracy to murder. The trial, widely regarded as controversial, has been a point of debate for decades, with many questioning its fairness and political motivations.

The dissenting note from CJP Afridi adds to the ongoing discourse surrounding the case, bringing into focus the role of judicial independence and fair trial principles in politically sensitive cases.

 

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