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Summary Babar Awan says that the Bhutto case can be reopened due to its peculiarity.
An 11-member Supreme Court bench, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, resumed the hearing of Zulfikar Ali Bhutto’s case on Tuesday.During the hearing, the Supreme Court remarked that Bhutto reference could become a precedent as the people would resort to the president to get their cases reopened.The court said that in other countries such cases were reopened after legislation. The court asked the federal government’s lawyer, Babar Awan, to explain the meaning of ‘revisit’ in the Bhutto case. The court said that reopening of Bhutto case would make it a judicial precedent and it could affect the ultimate judgement status of the Supreme Court.Awan said that the court could review the case, considering its peculiarity that was why the president, after reviewing the parameters of the case, used the word ‘revisit’ in his reference. Awan said that the Lahore High Court (LHC) was biased against Bhutto during his trial and his various applications were not entertained. He said that Bhutto had also been denied attested copies of his case which he needed to challenge the interim LHC verdicts.The chief justice said that the court would not go beyond the constitutional jurisdiction.Amicus curie (friend of the court) Aitzaz Ahsan said that he had seen the court trial of Zulfikar Ali Bhutto, adding that the then Lahore High Court (LHC) chief justice Maulvi Mushtaq was a staunch enemy of ZAB. Babar Awan, pleading the case, submitted that the court proceeding of ZAB was biased, rather it lacked legal formalities. He said that the case depicts biased attitude of Maulvi Mushtaq. The CJP said that the approver, Mehmood, recorded his statement during martial law government.
