The Historic Wrong: Analysing the Presidential Reference of Zulfiqar Ali Bhutto’s Trial

Abstract

Historic wrongs have been acknowledged and apologized for in the post-colonial history, and various judicial verdicts which have committed historic wrongs against the people have been subsequently overturned. The Presidential Reference was filed by the President of Pakistan, under Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973, and invoked the Advisory Jurisdiction of the Supreme Court of Pakistan, seeking opinion on the verdict and execution of Zulfiqar Ali Bhutto, Prime Minister of Pakistan. The opinion was delivered after 12 years, after filing of the Presidential Reference, admitting that legal requirements of due process and fair trial were not met during the Trial and Appellate proceedings of Zulfiqar Ali Bhutto. The present paper, first, discusses about the historic wrongs committed by judiciary in light of various cases, and, second, discusses the opinion and the additional opinions of the judges, in addressing the lapses during the Trial and Appellate proceedings as well as the scope and limitations of the Advisory Jurisdiction of the Supreme Court of Pakistan.