POLITICS OR JUSTICE? REVALUATING ZULFIKAR ALI BHUTTO'S TRIAL AND EXECUTION IN THE FRAMEWORK OF JUDICIAL INDEPENDENCE

This paper revisits the conviction and execution of Pakistani politician, Zulfikar Ali Bhutto, former Prime Minister of Pakistan, in 1978 and the subsequent execution of his wife, Benazir Bhutto, in 1979 to try to solve a particular issue, that being the discrepancy between the formal constitutional guarantees of judicial independence in Pakistan and its actual practice during a period of military dictatorship. By analyzing the Bhutto case and other case law in the context of military intervention, it seeks to determine if the Pakistani judiciary has been able to remain independent at pivotal times despite pressure from the military and executive. From Nawab Mohammad Ahmad Khan's murder in 1974 to his conviction in the Lahore High Court in March 1978 to the Supreme Court's narrow 4–3 decision in February 1979 in the absence of a constitutional order established by General Zia-ul-Haq's coup in July 1977, the study follows the case through the tools of doctrine and history. From Federation of Pakistan v. Maulvi Tamizuddin Khan (1955) to Sindh High Court Bar Association v. Federation of Pakistan (2009), it then traces the origins of Pakistan's "doctrine of necessity" jurisprudence to show how successive courts cleared the path for the establishment of extra-constitutional rule in Pakistan at the expense of judicial independence. Highlighted is the Supreme Court's unanimous ruling in the presidential reference on Bhutto's conviction, dated March 6, 2024, that the conviction was tainted by the lack of a fair trial and due process during the trial and appellate procedure. The study concludes that Bhutto's case is Pakistan's best illustration of how martial law regimes subjugate the courts. It suggests institutional reforms, such as safeguarding court appointments, separating the executive branch's authority over court discipline and decision-making, and establishing a standing procedure to examine politically delicate past convictions. Keywords: Judicial independence, the doctrine of necessity, Zulfikar Ali Bhutto, Separation of powers, martial law, constitutional law of Pakistan, fair trial.