The awarding of death penalty to Zulfikar Ali Bhutto by the Lahore High Court through a split decision for the murder he never committed, ratification of that decision by the Supreme Court and ultimately the implementation of that decision, was arguably the most tragic and devastating development. It was not only tragic for the family of Bhutto but also for Quaid’s Pakistan, which was pushed into a dark alley. His death represented the uprooting of the sapling of democracy and decimation of the hopes of teeming millions who perceived him as their saviour and benefactor.
Bhutto was not an ordinary man. He was a leader of international stature and the most popular figure this country has ever produced, notwithstanding the cynicism with which his incorrigible critics look at his personality and his brand of politics. He gave Pakistan a unanimous constitution that embodied the aspirations of the people of Pakistan and the vision bequeathed by the father of the nation. He gave voice and courage to the masses languishing at the lowest rung of society. He restored Pakistan’s prestige and honour in the comity of nations by pursuing a non-aligned and independent foreign policy after the dismemberment of the country, scripted the emergence of the Islamic bloc and, above all, made Pakistan a nuclear power. These are the achievements, which will always keep him alive in history. Unfortunately, these successes also proved to be his nemesis. The reactionary and anti-democracy forces within the country and one of the superpowers perceived him as a great threat to their interests and the international order.
Consequently, he was removed from power through a military coup because there was no other way a leader of Bhutto’s calibre could be defeated. Not only that, the superpower made sure that the threat was eliminated permanently. What a shame that this was orchestrated through a pliant judiciary under duress, a fact admitted by some judges sitting on the bench that ordered Bhutto’s conviction. The decision was rejected and condemned within and outside the country. Even the UN expressed its dismay and disappointment over the verdict. It was rightly called a judicial murder. The dictator was so keen to do the bidding of his foreign mentors that he did not pay any heed to the clemency pleas by Pakistan’s friends in the Muslim world, prominent world leaders and even China, the best friend of Pakistan. The dictator and his mentors failed to realise that the murder of Bhutto would give eternity to his message and turn him into an immortal in history, a truth repeatedly corroborated by the people through their vote.
It was a wrong of unfathomable proportions. A wrong remains a wrong until it is rectified. It was a historic and horrible wrong that needed to be rectified whenever time permitted so. The decision by the PPP government to file a reference in the Supreme for revisiting the judgment in the Zulfikar Ali Bhutto case, therefore, is a very thoughtful and right initiative. The timing could not have been more appropriate. The move reflects faith of the government in the present judiciary and its resolve to have this wrong rectified through the only forum that can undo it by using its review jurisdiction. It is encouraging to note that the SC has admitted the reference for hearing.
Those who are questioning the rationality and significance of this knock at the door of the judiciary by the government fail to see the issue in its proper perspective. True, the overturning of the decision by the SC — supposing it is done — will not raise Bhutto from the grave, but it will certainly ensure posthumous justice and bring great comfort and consolation for the Bhutto family and millions of his admirers. It will also help to remove aberrations from our political history and in refurbishing our image as civilised society in the comity of nations. The government, by making the reference, has also created a unique opportunity for the judiciary to prove its credentials as an independent judicial forum dedicated to upholding justice under all circumstances.
Some political entities have indicated that they will oppose the government initiative of having the judgment revisited by the Supreme Court. One does not for sure know what tactics will be used to accomplish their vows, but it is quite obvious that efforts will be made to put pressure on the SC not to set aside the conviction verdict. That perhaps explodes the myth of their much-trumpeted respect and belief in the independence of judiciary and dispensation of justice on purely legal considerations. Exerting political pressure on the judiciary or trying to influence the course of justice by any means other than having recourse to legal avenues must be avoided, as it is fraught with grave dangers. The opponents of the PPP and the detractors of Bhutto have other avenues available to them to vent their venom. Now that we have an independent judiciary, which it is acknowledged by all segments of society, the political parties need to show maturity and foresight by not trying to pollute the atmosphere. They should realise that their venom, animosity and avowed opposition to Bhutto’s philosophy is not going to make any difference. A revolutionary like Bhutto will always live in history. Nothing can belittle his stature as a leader of the masses. He lived to relish challenges and he died to surmount challenges. He was an eternal truth and will stay as such no matter how big are the odds. This proverb explains best the reality of Bhutto: “The greater the truth, the greater the libel.”
The writer is a freelance columnist