Zulfikar Ali Bhutto - Death Sentence and Appeal

Death Sentence and Appeal

On 18 March 1978, Bhutto was not declared guilty of murder but was sentenced to death. On 12 March 1978, Bhutto's former Legal Minister, A.H. Per-Zadah petitioned the Supreme Court for the release of Bhutto's Science Adviser Dr. Mubashir Hassan and to review the death sentence to Bhutto based on the split decision. The Supreme Court denied Dr. Hassan's release as he was held by Military Police but agreed to listen to the arguments. During 12 days of proceedings, the Supreme Court concluded that the President of Pakistan can change death sentence into life imprisonment. Per-Zadah filed an application to then-Chief Martial Law Administrator. However, General Zia-ul-Haq did not act immediately and claimed that the application had gone missing.

Emotionally shattered, Perzafa informed Bhutto about the development and General Zia-ul-Haq's intention. Therefore, Bhutto did not seek an appeal. While he was transferred to a cell in Rawalpindi central jail, his family appealed on his behalf, and a hearing before the Supreme Court commenced in May. Bhutto was given one week to prepare. Bhutto issued a thorough rejoinder to the charges, although Zia blocked its publication. Chief Justice S. Anwarul Haq adjourned the court until the end of July 1978, supposedly because five of the nine appeal court judges were willing to overrule the Lahore verdict. One of the pro-Bhutto judges was due to retire in July.

Chief Justice S. Anwarul Haq presided over the trial, despite being close to Zia, even serving as Acting President when Zia was out of the country. Bhutto's lawyers managed to secure Bhutto the right to conduct his own defence before the Supreme Court. On 18 December 1978, Bhutto made his appearance in public before a packed courtroom in Rawalpindi. By this time he had been on death row for 9 months and had gone without fresh water for the previous 25 days. He addressed the court for four days, speaking without notes.

I did not kill that man. My God is aware of it. I am big enough to admit if I had done it, that admission would have been less of an ordeal and humiliation than this barbarous trial which no self respecting man can endure. I am a Muslim. A Muslim's fate is in the hands of God Almighty I can face Him with a clear conscience and tell Him that I rebuilt His Islamic State of Pakistan from ashes into a respectable Nation. I am entirely at peace with my conscience in this black whole of Kot Lakhpat. I am not afraid of death. You have seen what fires I have passed through. —,

The appeal was completed on 23 December 1978. On 6 February 1979, the Supreme Court issued a guilty verdict, a decision reached by a bare 4-to-3 majority. The Bhutto family had seven days in which to appeal. The court granted a stay of execution while it studied the petition. By 24 February 1979 when the next court hearing began, appeals for clemency arrived from many heads of state. Zia said that the appeals amounted to "trade union activity" among politicians.

On 24 March 1979 the Supreme Court dismissed the appeal. Zia upheld the death sentence. Bhutto was hanged at Central jail, Rawalpindi, on 4 April 1979, and is buried in Village Cemetery at Garhi Khuda Baksh.

Bhutto's children Murtaza and Benazir worked on rallying the international support to release of their father. Libya's Colonel Gaddafi sent his Prime minister Abdus Salam Jalloud on an emergency trip to Pakistan to hold talks with Pakistan's military establishment for the release of Bhutto. In a press conference, Jalloud told the journalists that Gaddafi had offered General Zia to exile him in Libya, and Prime minister Jalloud stayed in the Islamabad International where the specially designated Presidential aircraft waited for Bhutto. However, after a week of staying in the airport, General Zia rejected Prime minister Jalloud's request while Jalloud met him in Rawalpindi and held the death sentence. In all, the entire Muslim world was silenced on Bhutto's execution, and Gaddafi was in shock after his request was denied and publicly sympathised Bhutto's family over the loss. Before being hanged, Bhutto made a final speech and his last words were: "Oh Lord, help me for... I am innocent".

On 4 April 1979, the day Bhutto was executed, The New York Times published its report after following the entire chronological events surrounding Bhutto's trial which stated in part " The way they did it, (Bhutto).. is going to grow into a legend that will some day backfire."