Trial & Execution of Zulfikar Ali Bhutto

177 Pages·2009·1.3 MB·English

THE TRIAL AND

EXECUTION OF BHUTTO

J. C. BATRA
Barrister-at-law

Consulting Editor
Dania] Latifi
Barrister-at-law
(Senior Advocate, Supreme Court)

Reproduced by
Sani Hussain Panhwar
Member Sindh Council, PPP

The Trial and Execution of Bhutto; Copyright © www.bhutto.org 1
Dedicated to the people of Pakistan

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Contents

1. Political Turmoil. .. .. .. .. .. .. 4

2. Behind the bars. .. .. .. .. .. .. 25

3. More Accusations. .. .. .. .. .. .. 67

4. Lahore High Court Judgment. .. .. .. .. 73

5. Reactions and Clemancy Appeals .. .. .. .. 98

6. The Final Judgment. .. .. .. .. .. .. 106

7. Renewed Pleas to Save Bhutto. .. .. .. .. 158

8. The Final Review. .. .. .. .. .. .. 164

9. Historic Hanging. .. .. .. .. .. .. 173

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Political Turmoil

Suffering is one very long moment. We
cannot divide it by seasons. We can
only record its moods and chronicle
their return.

Oscar Wilde

Destiny is not always kind. Many great statesmen, soldiers and saints have
been its victims and their worth ridiculed. Though I do not believe in Astrology,
the “March link” on Pakistan is astounding. Astrologers have always forecast the
month of March as being ill-starred for the country. It was on March 23, 1940 that
the Muslim League finally committed itself to the two-nation theory and adopted
the Lahore Resolution calling for the establishment of Pakistan as a separate State.
In March, 1947 communal riots broke up in the Punjab which further led to the
division of the Punjab and Bengal. In March, 1953 the Martial Law was imposed
in Pakistan for the first time in the wake of the anti-Qadian riots. In March, 1971
the seeds for the division of Pakistan were sown in Dacca. In March, 1977 the
elections put the country into an unprecedented political turmoil the aftermath of
which is still haunting Pakistan. In March, 1978 Mr. Zulfikar Ali Bhutto was
sentenced to death by the Lahore High Court. On March 24, 1979, the Supreme
Court unanimously rejected the review petition filed by Mr. Bhutto.

The period from March to July, 1977 was one of protests, dialogues and
deadlocks between the Pakistan National Alliance (PNA) and Mr. Z.A. Bhutto’s
Government, and on 5th July, 1977 General Mohammad Zia-ul-Haq took over as
Chief Martial Law Administrator (CMLA) in a bloodless coup.

In the thirty years of the existence of Pakistan this was the third full-fledged
military coup d’etat and a seventh effort to stop civil war in Pakistan as called by
Martial Law Administrators. After 14th August 1947, there have been two
attempts, two quasi-military and three full-fledged military coup d’etats. First
military coup d’etat of General Mohammad Akbar Khan was attempted in 1951.
The first quasi-military coup came in October 1954, when Ghulam Mohammad
dissolved the Sovereign Constituent Assembly of Pakistan. The second
quasi-military coup d’etat came in October 1955, when, in total violation of the
Lahore Resolution of March 1940, provincial autonomy was abolished. In October,
1958, it was General Mohammed Ayub Khan; and in March 1969, General Yahya
Khan ousted President Ayub. In March 1973, the Brigadiers military coup d’etat
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was scotched. On 5th July, 1977 came the existing military coup d’etat.

General Zia-ul-Haq, Chief of the Army Staff, proclaimed Martial Law
throughout Pakistan and assumed the office of the Chief Martial Law
Administrator. His order and proclamation issued was as:

"(A) The Constitution of the Islamic Republic of Pakistan shall remain in
abeyance;
"(B) The National Assembly, the Senate and the Provincial Assemblies
shall stand dissolved;
"(C) The Prime Minister, the Federal Minister, Minister of State, Advisers
to the Prime Minister, the Speaker and Deputy Speaker of the
National Assembly and the Provincial Governors, the Provincial Chief
Ministers and the Provincial Ministers shall cease to hold office;
"(D) The President of Pakistan shall continue in office; and
"(E) The whole of Pakistan will come under Martial Law.”

General Zia announced in a broadcast to the nation that all political activity
will remain suspended “till further orders” but will be revived before the
elections to be held in October.

Some of the excerpts of the English rendering of General Zia’s address to the
nation as put out by Pakistan Times were:

“You must have learnt by now that the Government of Mr. Zulfikar Ali
Bhutto has ceased to exist and an Interim Government has been established in its
place. This changeover which began at about midnight last night was completed
by this morning.

“This action was carried out on my orders. During this period the former
Prime Minister Zulfikar Ali Bhutto and some of his colleagues have been taken
into protective custody. Likewise, all the prominent leaders of the Pakistan
National Alliance except Begum Nasim Wali Khan have also been taken into
custody.

“The reactions to this takeover have so far been very encouraging. A stream of
congratulatory message has been pouring in from different quarters.

“It is necessary to add here that some people have expressed misgivings that
the Army takeover may have been at the behest of someone. Could it be that
General Zia had secretly concerted with the former Prime Minister? On this I can
only say that truth can never remain unexposed. In fact, such an air of distrust
has been created during the past few months that even well-meaning people get
bogged down in doubts and apprehensions.
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“The Army takeover is never a pleasant act because the armed forces of
Pakistan genuinely want that the administration of the country should remain in
the hands of the representatives of the people who are its real masters. The
people exercise this right through their elected representatives who are chosen in
every democratic country through periodic elections.

“The elections were held on 7th March last. The election results, however,
were rejected by one of the contending parties. They alleged that the elections had
been rigged on a large scale and demanded fresh elections. To press their
demands for re-elections, they launched a movement which assumed such
dimensions that people even started saying that democracy was not workable in
Pakistan. But I genuinely feel that the survival of this country lies in democracy
and democracy alone.

“It is mainly due to this belief that the armed forces resisted the temptation to
takeover during the recent provocative circumstances in spite of diverse massive
political pressures. The armed forces have always desired and tried for the
political solution to political problems. That is why the armed forces stressed on
the then Government that they should reach a compromise with their political
rivals without any loss of time. The Government needed time to hold these talks.
The armed forces brought them this valuable period of time by maintaining Law
and Order in the country.

“The armed forces were subjected to criticism from certain quarters for their
role in aid of the civil administration, but we tolerated this criticism in the hope
that it was a passing phase.

“When the political leaders failed to rescue the country out of a crisis, it is an
inexcusable sin for the armed forces to sit as silent spectators. It is primarily for
this reason that the army had to intervene to save the country.

“I would like to point here that I saw no prospects of a compromise between
the People’s Party and the PNA, because of their mutual distrust and lack of faith.
It was feared that the failure of the PNA and PPP to reach a compromise would
plunge the country into a more serious crisis. This risk could not be taken in view
of the larger interests of the country.

“But the Constitution has not been abrogated. Only the operation of certain
parts of the Constitution has been held in abeyance. Mr. Fazal Elahi Chowdhry
has very kindly consented to continue to discharge his duties as President of
Pakistan as heretofore under the same constitution.

“I will discharge the duties of the Chief of the Army Staff and Chief Martial
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Law Administrator, Martial Law Orders and instructions, as and when required,
will be issued under my orders.

“I want to make it absolutely clear that neither I have any political ambitions
nor does the Army want to be taken away from its profession of soldiering. I was
obliged to step in to fill in the vacuum created by the political leaders. I have
accepted this challenge as a true soldier of Islam. My sole aim is to organise free
and fair elections which would be held in October this year.

“Soon after the polls, power will be transferred to the elected representatives of
the people. I give a solemn ‘assurance that I will not deviate from this schedule.
During the next three months my total attention will be concentrated on the
holding of elections and I would not like to dissipate my powers and energies as
Chief Martial Law Administrator on anything else.

“It will not be out of place to mention here that I hold the judiciary of the
country in high esteem. I will do my best to refrain from doing anything which is
likely to restrict the power of the judiciary. However, under unavoidable
circumstances, if and when Martial Law Orders and Martial Law Regulations are
issued, they would not be challenged in any court of law.

“I will soon announce the modalities and detailed timetable for holding of
elections. I hope and expect that all political parties will cooperate with me in this
behalf. A good measure of tension had been created in the country during the
recent political conformation. It had therefore become imperative to allow time to
cool off emotions. I have, therefore, banned all political activity from today till
further orders. Political activity, however, will be allowed before the polls.

“It would be my utmost endeavor to ensure that the Martial Law
Administration not only treats the people in a spirit of justice and equality but
also makes them feel so. The civil administration too, has to play an important
role in this behalf. I am, therefore, pleased to announce that the Chief Justices of
the Provincial High Courts have, on my request, consented to become the Acting
Governors of their respective provinces.

“The officers in the civil administration, who have any apprehensions about
their future, are hereby assured that no victimization will take place. However, if
any public servant fails in the discharge of his duties, shows partiality or betrays
the confidence of the nation he will be given exemplary punishment. Similarly, if
any citizen disturbs law and order in the country, he will also be severely dealt
with.

“So far as foreign relations are concerned, I want to make it absolutely clear
that I will honour all the agreements, commitments and contracts signed by the
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outgoing Government.

“In the end, I would appeal to all the officers and men of the armed forces to
discharge their duties justly and impartially. I hope they will deal with every
situation without showing any undue lenience. I will also expect them to forgive
those who have ridiculed or harassed them. This will be in the true Islamic
tradition. I call upon them to preserve their own honour and that of their
profession in the discharge of their duties. I am sure they will acquit themselves
of their new responsibility honorably. This will certainly enhance their prestige
and position in the society.

“I want to ensure you that the frontiers of Pakistan are fully guarded and the
armed forces are there to discharge their duties. Authorised traffic across the
borders is continuing.

“To conclude, I must say that the spirit of Islam, demonstrated during the
recent movement, was commendable. It proves that Pakistan which was created
in the name of Islam, will continue to survive only if it sticks to Islam. That is why;
I consider the introduction of Islamic system as an essential prerequisite for the
country.”

General Zia also promulgated on July 5 an order called “The Laws
(Continuance in Force) Order 1977”.

According to this Order, some of the clauses stipulated that “The President
shall act on and in accordance with the advice of the Chief Martial Law
Administrator.

“The Governor of a province shall act on, and in accordance with, the advice
of the Martial Law Administrator appointed by the Chief Martial Law
Administrator for the province.

“No court, tribunal or other authority shall call or permit to be called in
question the proclamation of the fifth day of July, 1977, or any order or ordinance
made in pursuance thereof or any Martial Law Regulation or Martial Law Order.

“No judgment, decree, writ, order or process whatsoever shall be made or
issued by a court or tribunal against the Chief Martial Law Administrator or any
Martial Law Authority exercising powers or jurisdiction under the authority of
the Chief Martial Law Administrator.

“Notwithstanding the abeyance of the provisions of the Constitution, but
subject to any order of the President or regulation made by the Chief Martial Law
Administrator, all laws, other than the Constitution, and all ordinances,
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orders-in-council, orders made by the President, rules, bye-laws, regulations,
notifications and other legal instruments in force in Pakistan or any part thereof,
or having extra-territorial validity, shall, so far as may be and with such
adaptations as the President may see fit to make, continue in force until altered,
amended or repealed by competent authority.

Giving an account of the circumstances that led to and the factors behind the
imposition of Martial Law, Weekly Lailo Nihal, Pakistan dated 23rd July 1977 said
in an article:

“Although Mr. Bhutto says that he had been expecting the military action for
the last two months, the fact remains that the Army Chief’s decision to takeover
the administration of the country was a surprise move and Mr. Bhutto was
thoroughly checkmated by them.

“When the PNA said on July 3 that although it was prepared to accept the
agreement, it sought guarantees for its implementation in the form of the powers
of the high level implementation committee, Nawab-Zada Nasrullah Khan, Prof.
Ghafoor Ahmed and Maulana Mufti Mehmood were insisting upon the PNA
General Council to allow them to sign the agreement, while Air Marshal (Retd.)
Asghar Khan and Pir Pagaro maintained that Mr. Bhutto was only buying time
and had no intentions of honoring the agreement. They were absolutely right
because Mr. Bhutto had by then come to know of the hidden government
machinery that were supporting it.

“When the Cabinet met next evening, Mr. Bhutto’s supporters suggested that
they should discontinue the negotiations and instead talk in the language of force;
but Gen. Zia-ul-Haq, the man who ultimately would have had to do it, was also
present at the meeting and urged that another attempt should be made to
negotiate a settlement since it would be better to have a political solution of the
problem. Intelligent man that he was, Mr. Bhutto caught the hint and
immediately declared that he was prepared to have further talks with the PNA.
He could not obviously, have talked in the tough language of his colleagues for
he had realised that his game was very nearly up.

“Mr. Bhutto summoned Cabinet Secretary Waqar Ahmed and Defence
Secretary Ghulam ‘shag Khan to discuss the situation after the Cabinet meeting
and it was then that an unguarded sentence escaped his lips when he said that
Zia had become more impossible than even the PNA. Those who were aware of
the way former Prime Minister’s mind worked could clearly visualise what his
next step would be. He would have just summoned the Chief of Army Staff and
told him that his services were no longer required since he had decided upon a
change in the administrative set-up of the Army so that it could effectively
discharge the responsibilities of maintaining law and order in the changed
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