The Feb 6 Supreme Court (SC) verdict, upholding the death sentence awarded by the Lahore High Court (LHC) to the deposed prime minister, Zulfikar Ali Bhutto, and four others, was not without reaction. Leaders from the Pakistan National Alliance (PNA) lauded the decision, but leaders from abroad initiated diplomatic contact to request General Ziaul Haq to grant clemency to Bhutto.

PNA chief Mufti Mahmood said that the case would be an important addition to the country’s history. Pir Pagara, the Muslim League leader and an active member of the PNA from Sindh, hailed the SC decision and said that there should be no mercy shown towards Bhutto. He recalled that the deposed prime minister also inflicted excesses on Hurs, his disciples, and maintained that if Bhutto were to be hanged, there would be no reaction in the country.

Meanwhile, Islamabad was receiving appeals from foreign dignitaries to spare Bhutto. When pressed by foreign media, Gen Zia said that he wanted to make it clear that the case proceedings did not have anything to do with politics. It was a legal issue and had been dealt with as such. He would also argue that he would discuss the issue with his associates and make a decision in accordance with the law.

Bhutto’s opposition lauds death sentence as diplomatic requests to spare him pour in

Bhutto had, of course, filed a review petition with the SC; hearing of the plea began on Feb 24, 1979. Defence counsel Yahya Bakhtiar began arguing that owing to the split verdict, punishment should be reduced. But the court replied that since this was not an appeal, it was not necessary to repeat the full arguments. Keeping in view the changed character of the petition, only a limited argument might be advanced. He was also advised that only lacunas in the legal procedure and record may be pointed out. There was no need of reading long pages of testimonies; by doing so, Bakhtiar may only be wasting the court’s time.

Bakhtiar responded by asking for an adjournment. Accepting his plea, the court on Feb 24 decided to put off hearing for one week.

On the last day of February, a new wave of arrests began throughout the country. As most of those arrested were activists of the PPP, it gave birth to a feeling that the government wanted to crush Bhutto’s party at all costs.

On March 1, 1979, hearing in the review petition resumed. The court continued to remind the defence lawyer that he should confine his arguments to pointing any follies in the proceedings. On March 11, hearing was postponed once again; it then resumed on March 17. On that day, the defence counsel completed his arguments and the court reserved a verdict.

From the federal government’s side, it had become amply clear that if the SC did not accept the review petition as was permissible by law, Bhutto would definitely be hanged.

A week later fell Pakistan Day.

As usual, Gen Zia addressed the joint services parade. In this speech, he announced elections to the National Assembly and the four provincial assemblies on Nov 17, 1979. The Election Commission had undertaken the necessary arrangements, explained the General, and it would hold the polls. Electioneering would not be too long, but the new system would bring about a balance of power between the president and the prime minister.

To achieve this rationalisation of power, the General had, of course, amended the Political Parties Act. Per the amended law, parties deemed against the ideology of Pakistan, or working against the integrity of the country and solidarity, would be banned. Parties that jeopardised law and order, or was funded by a foreign policy, would also be banned.

The general reaction among political circles to these amendments was that the government could now ban any party that it disliked. Many party leaders apprehended that the government would be able to secure the success of parties that toe the line.

The SC had still not delivered its verdict in the review petition, but messages from friendly foreign countries, especially the Muslim states, were pouring in. But considering them at this stage was not in the offing, because proceedings were still ongoing.

But statements issued at various times by Gen Zia had hinted that he was not inclined to extend any concession to the deposed prime minister. Rather, the General had expressed his intention that he would carry out court orders, whatever they may be.

From the federal government’s side, it had become amply clear that if the SC did not accept the review petition as was permissible by law, Bhutto would definitely be hanged. Of course, the court trend was reflected in the decision on the appeal of Bhutto and four others. If indeed the death sentence were to be upheld, a law and order situation that warranted immediate attention could emerge.

The government in Sindh had already made arrangements to face up to any resistance. But sweeping arrests had also been made a day preceding the Feb 6 SC verdict, allowing the civil administration sit and watch what might be the PPP’s next move. Benazir Bhutto and her mother Begum Nusrat Bhutto had already been arrested in Sihala camp jail; they were kept away from party workers wanting to wage protests against Gen Zia.

The only person from the Bhutto family to be able to meet Zulfikar Ali was Mrs Amir Begum, his first wife. She visited him in jail on March 8, to ascertain his will about a mercy plea, in case the review petition in the SC was also rejected.

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Published in Dawn, Sunday Magazine, December 28th, 2014