SC issues notice to Ahmed Kasuri in Bhutto reference case

ISLAMABAD: The Supreme Court on Monday issued notice to complainant Ahmed Raza Kasuri, son of late Nawab Muhammad Ahmed Khan, in a presidential reference case which sought a judicial revisit of murder trial involving late elected prime minister of the country Zulfikar Ali Bhutto.

An eleven-member larger bench headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry issued notice after it was apprised about the consensus developed by the amicus curiae that for the larger interest of justice a notice might be issued to Ahmed Raza Kasuri advocate, the main complainant who had lodged FIR against late ZAB in November 1974 nominating him for the murder of his father.

The bench noted in its order that the counsel for referring authority and all amicus curiae in response to a position agreed that a notice to complainant in of FIR number 402, namely Ahmed Raza Kasuri, be issued in the larger interest of justice.

The bench also directed its office to provide all the relevant documents to complainant for preparing the case and adjourned hearing till January 2.

The bench had resumed hearing of a presidential reference, regarding revisiting of late Premier Zulfikar Ali Bhutto's murder case sent to it under Article 186 invoking its advisory jurisdiction.

Earlier, Dr Babar Awan, counsel for referring authority, was given an opportunity to go through certain facts as the new bench was constituted after retirement of some members.

Dr Babar contended that in his book late ZAB had written that it was not a murder trial rather a murder of trial as no due course was adopted.

The Chief Justice told him that they could say either to revisit the case or to reject it but so far they had not decided.

Babar replied that the Court could revisit the case as it had done in its July 31, 2009 decision.

The Chief Justice observed that it was an altogether a different case and it could not be compared with the instant reference.

He said still they could say that his murder was not judicious but when they reached at that point, they could issue a notice to complainant.

Babar said that the referring authority had only sought their advice and not a decision.

He said Farooq Baidar, the witness in the case at that time, wanted to
submit his affidavit in the Court but was not allowed.

The Chief Justice said Baidar should have the courage to say these things at that time. There was no need of becoming a hero on TV, he added.

The counsel also raised questions regarding role of Masood Mahmood, personnel of FSF who was picked up by martial law authorities to be used as approver in the murder trial. (APP)