Iftikhar Ahmad - Ahmad's Program and The Court Case

Ahmad's Program and The Court Case

Perhaps the only time in Pakistan's' Judicial History that a petition against a Former Chief Justice of Supreme Court of Pakistan was filed, seeking registration of a case against him on charges of abetting in the "murder" of former Prime Minister Zulfikar Ali Bhutto.

One member of the bench remarked;

In a situation where the judgment of a case was effective for citation as a reference, an ambiguous statement of one of the members of a panel of judges hearing the case, could in no way prejudice the decision after two decades. If such things were allowed to happen, the whole judicial system would collapse.

Justice Hanif Tahir had quoted the former chief justice as saying in two of his press interviews that the Supreme Court judgment in the appeal of the Zulfikar Ali Bhutto against his death sentence awarded by the Lahore High Court, was a wrong decision and it was a fit case for lesser punishment.

The petitioner submitted that, Justice Shah was part of the 7-member bench of the Supreme Court which upheld the death penalty. He contended that comments of the former chief justice amounted to a confessional statement and that he had shown no such sentiments while agreeing with the majority opinion of apex court's bench which confirmed the execution of Zulfikar Ali Bhutto.

The petitioner started with quotes from the interview of Justice Shah done by Iftikhar Ahmad. The court asked him if such quotes, taken from a television interview, carried any legal significance. When the petitioner submitted that the text of interview was a "public document", the court asked the lawyer to define the legality of public documents and remarked that points raised in the petition were based on hearsay.

As for petitioner's contention that Justice Shah had made a confessional statement in his interview, the court directed him to examine the relevant law to know what a confessional statement was and if it carried a legal weight if given on a non-judicial or extrajudicial forum. He must also differentiate between a press statement and a legal statement recorded in a court of law. The bench of the Lahore High Court on February 12, 2004 dismissed in limina.