Tuesday, April 9, 2019

Judicial Murder of Bhutto: Political Engineering and Bench-Fixing of SC and LHC bench

"Bench Fixing" by CJP Anwarul Haq was responsible for the judicial murder of Zulfiqar Ali Bhutto in 1979.
بھٹو کیوں ذندہ ہے
Why Bhutto is alive? Bhutto is alive because of the political engineering and "bench-fixing" that led to the (1) removal of PMs, (2) violation of the constitution and law, and (3) manipulation of judicial benches is alive and kicking in Pakistan as it happened with ZAB during 1977-99 leading to the execution of Bhutto on 4th April 1979, 40 years ago. DoN (Doctrine of Necessity) dictators in cahoot with weak and spineless judges continue to play the charade since the 1950s to usurp power and to serve their vested interests through politically engineered premature terminations of 16 civilian prime ministers, which also includes the judicial murder of ZAB (Zulfiqar Ali Bhutto).
DoN (Doctrine of Necessity) godfather Dictator Gen Zia usurps power on July 5,1977: He proclaims martial law, violates and shreds the constitution, imprisons ZAB using the doctrine of necessity, and makes a travesty of law and justice. He then appeases the judges by appointing them as the provincial chief justices as ceremonial governors of their provinces. He then starts to mutilate the constitution by adding and removing clauses at will. Using such alterations, he removes two clauses of the constitution which enabled him to remove the incumbent CJP Justice Yaqub. He then replaces Justice Yaqub with Justice Anwarul Haq who harbored a grudge against Bhutto because he had superseded him with Justice Yaqub when he was elevated as CJP. He then installed Molvi Mushtaq as Chief Justice Lahore High Court. Interestingly enough he too harbored a grudge against Bhutto. 

General Zia then went on to politically engineer the Lahore High Court bench and Supreme Court bench with judges of his choice. In doing so he excluded the independent-minded judges from the benches. He removed the judges whom he feared were moving towards an independent view as ascertained from their remarks. The SC bench of 9 hearing Bhutto's case was then artificially reduced to 7 judges. ZAB was hanged by a 4-3 decision with 4 judges from Punjab in favor of hanging against 3 judges from minority provinces who were not in favor. The agreed-upon judgment drafted by judges was changed, records tampered, witnesses' statements and evidence were altered, ignored,... .
A fit case to be labeled as judicial murder with a notorious judgment that no one has cited since or has ever been used as a precedent in any court of law...

[Source: See Hamid Khan's "A History of the Judiciary in Pakistan", OUP, 2016 for details of each of these points.]
See Also: 
    This is the story of mutilation of the constitution and political engineering of supreme court benches which has been repeated each time people's rights were trampled in the removal of their representatives. Each such removal has simply served the neocolonialism interests, and has plunged Pakistan from one emergency to another, and has kept Pakistan perpetually in the emergency of an ICU. It has effectively terminated and neutered anyone who has worked for people fought for their rights, worked for the economy, and/or nuclear program. ZAB is a symbol, metaphor, and a classic case of how this political engineering happens in Pakistan, and has been sustained starting from 1951 termination of Liaquat Ali Khan till the latest termination of Nawaz Sharif in August 2017, and the bench fixing over the last 4 years.

    See Also:

    1. An Eyewitness Account of Justice Munir's Doctrine of Necessity Judgement by Mr Ashraf Janjua

    2. Corruption is a cause or symptom of Government Inefficiency- Challenge for Imran Khan

    3. Why Bhutto is Alive: Political Engineering of SC and HC bench and decisions 

    4. Why there are so many intelligence and investigation agencies in Pakistan 

    5. Suo-moto judgment for Criminal Cases vs Summary Military Trials (Kangroo Courts)

    6. Is Pakistan under a Judicial Martial Law? CJMLA parallel with CMLA

    7. Dictator Gen Musharraf as Slave Trader and Bounty Hunter: Costs of Joining War on Terror

    8. How Corruption is being Eliminated in Pakistan since 1950s: Corruption as a Ruse to Maintain Status Quo

    9. Can a Strong Clean Leader or Suomoto Judgments Solve All Problems of Pakistan

    10. Agenda to Ensure Supremacy of Law and Constitution in Pakistan

    11. Is Illiteracy Responsible for Problems of Pakistan? Narrative to Justify Neocolonialism and dictatorial rule

    12. Pakistan Helped US Become Superpower- In the Service of Neocolonialism

    13. DoN godfathers Political Engineering of the SC Bench to Obtain Doctrine of Necessity Judgement

    14. Justice Delayed is Justice Denied: Covey's First Habit Advice to Chief Justice of Pakistan

    15. Baba Rehmatay- From Chief Justice to Chief Executive: Tilting at the Windmills?

    16. Constitutional Solution to Curb Horsetrading in Pakistan 

    17. How Neocolonialism Keeps Developing Countries like Pakistan and Afghanistan Perpetually Destabilized

    18. What Options Gen Musharraf had after 9-11 when US threatened to send Pakistan to stone age? 

    19. Is Justice Munir's Doctrine of Necessity Dead or Alive?

    20. Narratives Designed to Dishonor Popular Choice and Support Neo-Colonialism 

    21. Why Dictator Generals are Weaker than Civilians Rulers in Withstanding External Pressure

    22. Doctrine of Necessity from CJ Munir to Judge Khosa: Role of Judiciary in the Service of Neocolonialism

    23. SC Judgement as Project Assignment for Finance Accounting Students: SC Disqualifies PM on not Declaring Uncollected Receivables as Income

    24. SC Interpretation of Sadiq and Ameen in Disqualification of PM Nawaz Sharif

    25. SC Panama Case Judgement and Crowds Clamoring for the Heads of Rich under Robespierre

    26. Essential Law for Masses: Perry Mason and my Learning

    27. Role of Sharifuddin Pirzada in Promulgating Martial Laws for Every Dictator of Pakistan

    28. Why Dictatorships are Weaker in Accountability than Constitutional Governments

    29. Importance of Literature in Law: A Case Study of the Panama Case Supreme Court Judgement

    30. At What Cost! Why Compute Economic Costs of Faulty Political Decisions

    31. Who has Greater Will and Resolve in controlling Karachi Disturbances: Dictators vs Civilian Governments

    32. Traitor/Foreign Agent Production Factory of Pakistan

    33. Field Marshals of Pakistan: Costs of Sycophancy and Political Expediency

    34. Costs of Justice Munir's Doctrine of Necessity: 4 Martial Laws and 35 years of dictatorships

    35. Costs of Military Dictatorships of Pakistan

    36. Costs of General Musharraf's Dictatorship

    37. Costs of General Ayub's Dicatatorship

    38. Why Pakistani Democracies are a Sham? Costs of Controlling a Democracy from Outside

    39. Costs of General Zia's Dictatorship in Pakistan

    40. Costs of Sham Democratic Governments in Pakistan

    41. Remembering East Pakistan: We look before and after, And pine for what is not

    42. At What Cost! Fazle Hasan of IBA and our Computation of Economic Costs

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