A leaf from history: Supreme Court chucks review petition

Published January 11, 2015
A view of the Supreme Court of Pakistan. — Reuters/File
A view of the Supreme Court of Pakistan. — Reuters/File

The beginning of the end began on March 24, 1979, before the full bench of the Supreme Court.

As the clock struck 10am, Chief Justice Anwarul Haq and the other judges entered the courtroom. Once settled, the chief justice looked around — the courtroom was full to capacity. He began reading the verdict on the review petition filed by deposed prime minister, Zulfikar Ali Bhutto, and four FSF men.

It took hardly 15 seconds to deliver judgement: the review petition was rejected, and the Lahore High Court decision of Feb 6 to convict and hang the accused was upheld.

The judgment was written by Justice Mohammad Akram and unanimously agreed upon by the other judges. Despite General Ziaul Haq’s hurried style, the legal procedure took its due time. The legal process was completed in 17 months.

But Gen Zia still wanted Bhutto hanged at the earliest. Soon after the verdict was announced, Gen Zia telephoned Punjab Home Secretary S.K. Mahmood, and asked him to hang Bhutto immediately. Mahmood replied that it was not as easy, and that there were still some legalities to be fulfilled; a month’s time would be allowed to file a mercy petition, followed by another fortnight for writing a will. It is reported that Zia asked the secretary to meet Justice Molvi Mushtaq Hussain and fulfil these requirements as early as possible. He only replied that the process had to take time.

Technically, the legal process had now ended. According to general practice, there was only one way out for Bhutto: a plea for mercy to President Zia, who had previously hinted that he would act on the court verdict.

But Bhutto had decided long ago not to beg for mercy if the court ordered his hanging. A directive of high alert had already been issued throughout the country, especially in Sindh. When things began moving at a faster pace, it appeared that Gen Zia wanted to close the chapter as early as possible.


Despite Bhutto’s decision not to file a mercy petition, two PPP leaders — Sahibzada Farooq Ali and Mohammad Yasin Watoo submitted mercy petitions on March 29 and 30, respectively. Watoo’s petition was sent as a petition by the central executive committee of the party. It urged the president to exercise his powers under Article 435 of the constitution and remit or commute the sentence of party chairman Zulfikar Ali Bhutto.


An immediate meeting of Martial Law Administrators (MLAs) was convened, wherein the issue was discussed in minute detail — the mode of execution, the place of burial among other things. Contact with the Sindh government was immediately established, and responsibility of the burial was assigned to them. It was decided that Bhutto would be buried at his ancestral graveyard and during the daytime.

The black warrants had been issued too, which said that all those convicted should be hanged by April 10. On April 3, the deputy commissioner of Larkana called on Mir Nabi Baklhsh Bhutto, the father of Mumtaz Bhutto, and asked him about their family graveyard and the their preferred space to bury Bhutto. A grave was dug up under the supervision of Sindh government.

Despite Bhutto’s decision not to file a mercy petition, two PPP leaders — Sahibzada Farooq Ali and Mohammad Yasin Watoo submitted mercy petitions on March 29 and 30, respectively. Watoo’s petition was sent as a petition by the central executive committee of the party. It urged the president to exercise his powers under Article 435 of the constitution and remit or commute the sentence of party chairman Zulfikar Ali Bhutto. The petition was sent to President Ziaul Haq on April 1, through an interior ministry summary.

Gen Zia had already made up his mind that whatever the court decided, he would act on it. Free from all work, on the evening of April 1, 1979 he read the summary and wrote: “Petition is rejected.”

Two days later, he also rejected mercy petitions of the remaining four accused.

The same day, Gen Zia, along with Lt-Gen Khalid Mohammad Arif, arrived in Karachi and held a meeting with the Governor Lt-Gen S. M. Abbasi along with some officials connected with law and order. A message was dispatched to the relevant officials to make foolproof arrangements for burial. After formal talks, Gen Abbasi was separately called in and told that the execution would be carried out on the night of April 3.

In Islamabad, the members of the Military Council were told about the date and time of execution verbally. However, metrological people told the government that on April 3, the climate would not be favourable for flying. Therefore, the hanging was postponed for 24 hours.

Meanwhile, the Bhuttos began their farewell meetings. On March 31, Shireen Begum, Bhutto’s first wife, and a few other relatives met him in jail. For the hearing of the appeal, Bhutto had been brought from Lahore and was placed in Rawalpindi jail, which the authorities felt was a convenient venue for his execution. Bhutto was not moved elsewhere.

On April 3, Benazir Bhutto and Begum Nusrat Bhutto called on Zulfikar Ali Bhutto and stayed with him for three hours. They were told that this was their last meeting.

shaikhaziz38@gmail.com

Published in Dawn, Sunday Magazine, January 11th, 2015

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