Supreme Court of Pakistan held that, “The Constitution and the law do not provide a mechanism to set aside the judgment whereby Mr. Bhutto was convicted and sentenced; the said judgment attained finality after the dismissal of the review petition by this Court.”
Absence of Fair Trial and Due Process in ZA Bhutto Case
The Supreme Court held that “admittedly, the trial was conducted and the appeal heard without Mr. Bhutto having the constitutional protection of the Fundamental Rights and other rights guaranteed in the Constitution. “SC noted transgressions may have vitiated the trial and the conviction, however, cumulatively they destroyed any semblance of due process and fair trial, and revealed that innocent men were rushed to the gallows.”
The Courts conducting ZA Bhutto trial were Unconstitutional
The Supreme of Pakistan held that in ZA Bhutto case, “The Trial and Appellate Courts, which conducted the trial and heard the appeal, were not true courts under the Constitution. The country was captive to Martial Law and so too were its courts. When Judges take oath of allegiance to dictators, the courts are no longer of the people.”
Read the judgment here.
https://www.supremecourt.gov.pk/downloads_judgements/reference_1_2011_08072024.pdf