The larger bench – led by Chief Justice of Pakistan Qazi Faez Isa heard the case. The bench also included Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin Ud Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Musarrat Hilali.
Bilawal Bhutto and Aseefa Bhutto Zardari, Raza Rabbani, Farooq H Naek, and Attorney General Mansoor Awan were present in the courtroom as well.
“I have received an envelope from a private television channel, it seems a hard disk,” Chief Justice Qazi Faez Isa said. “We have also submitted transcripts and videos,” Farooq Naek told the court. “We will watch the video and transcript from the private tv first,” Justice Isa said.
Raza Rabbani came to the rostrum. “Are you amicus curiae,” CJP asked. “I am not amicus curiae, I am the lawyer of Sanam, Bakhtawar, and Aseefa Bhutto,” Rabbani replied. “I have submitted a petition to be a party in the case,” he added.
Barrister Salahuddin, an amicus curiae in the case came to the rostrum. “My wife has been the granddaughter of Nawab Ahmed Qasuri, ask the sides if they have any objection to my assistance to court,” Barrister Salahuddin said.
“It is a serious matter if the spouse has raised an objection,” CJP said. “Zulfikar Ali Bhutto’s heirs have no objection,” Naek replied.
“My father was a lawyer of DG FSF and approver in the case Masood Mehmood in Bhutto case. If someone has any objection over me,” Khawaja Haris said.
“Four questions have been asked in this presidential reference,” Makhdoom Ali Khan, an amicus curiae in the case said.
“If we have any option, not to hear the reference,” CJP questioned. “Constitutionally, this court has no option except to give its opinion on the reference,” Makhdoom Ali Khan said.
“There will be another option if the question asked in the presidential reference is ambiguous,” the lawyer said.
“Still, the court has the option to give its opinion if it deems the question is ambiguous,” Justice Mansoor Ali Shah remarked. “There is a unique case before the court,” Makhdoom Ali Khan said.
“The Chief Justice has summoned transcripts of the interview in this case,” Makhdoom Ali said.
“Basically, the reference is based on the interview of former judge Naseem Hassan Shah,” Justice Muhammad Ali Mazhar said.
Makhdoom Ali Khan read the letter of Sharifuddin Pirzada. “Zulfikar Ali Bhutto’s sister had submitted a mercy appeal to the president, Bhutto himself didn’t file any mercy plea,” Makhdoom Ali Khan said.
Ahmad Raza Kasuri reached the rostrum. “You sit on the seat,” the chief justice told Kasuri. “Allow the amicus curiae to complete,” CJP said. “If you have any objection, write it,” CJP added.
“Zulfikar Ali Bhutto was awarded the death sentence with a split verdict of 4-3,” Makhdoom Ali Khan said. “A judge, in an interview later said that he had given the decision under duress,” the lawyer said.
“Zulfikar Ali Bhutto was handed the death sentence, and the decision was implemented, he could not return. We can only give our opinion over the presidential reference,” the chief justice said.
“What is the legal question before us,” Justice Mansoor Ali Shah asked. “If we give an opinion to revisit the supreme court judgment on the basis of the interview,” he further said. “The interview was one of the judges of the bench, there were other judges in it,” Justice Shah said.
“If we summon the people concerned with the interview to initiate an inquiry. Only watching the interview, we could not say, this happened. The court, under Article 186, could give its opinion over legal questions,” he added.
“What legal question has been asked in the Bhutto reference,” Justice Muhammad Ali Mazhar asked.
The video of Justice (retd) Naseem Hassan Shah was shown in the courtroom on the instruction of the chief justice.
“When was this interview recorded,” CJP asked. “The interview was taken on December 03, 2003,” Farooq Naek replied.
“What I realize is that Zulfikar Ali Bhutto’s case’s decision was wrong,” Justice Mansoor Ali Shah said.
“The court should revisit every criminal case, where justice was not served and politics involved,” the chief justice said.
“You said it is a unique case, different from others, the court should treat it separately,” the Chief Justice addressed Makhdoom Ali Khan.
Chief Justice Qazi Faez Isa said that the court is overseeing the restoration of the honor of a person and the correction of history.
“The sole point is this the judiciary was not independent,” Justice Mansoor said. “How can we entangle in an exercise that the bench was not independent,” he asked.
“In this case, the opinion of a judge could not be ignored. The ratio of the bench in the Bhutto case points out that the opinion of a single judge is important,” the chief justice said. “With the single vote of a judge, a man was hanged,” he added.
“This decision is an excess with justice,” Makhdoom Ali Khan said. “Is the supreme court responsible for it? Or the prosecution and the Martial Law Administrator of that time,” the chief justice questioned.
“In my opinion, we should correct our history. The stigma is not over a family only but also over institutions,” Justice Musarrat Hilali remarked.
Chief Justice at the end of the hearing of the day in a written order of the Zulfikar Ali Bhutto presidential reference said:
“Raza Rabbani told the court that he was representing Sanam, Aseefa and Bakhtawar Bhutto”. “Zahid Ibrahim representing Fatima Bhutto and Zulfiqar Junior”.
“Khawaja Haris’s father was a lawyer of approver Masood Mehmood in the case. Raza Rabbani objected over Khawaja Haris’s being an amicus curia. Khawaja Haris separated himself from the case as an amicus curia,” according to the court order.
The bench adjourned further hearing of the reference until the third week of February.
Former President Asif Ali Zardari had approached the Supreme Court in 2011 through a Presidential Reference under Article 186 of the Constitution, seeking to revisit the trial of the PPP founder and former prime minister of Pakistan Zulfikar Ali Bhutto.