Five Questions of Law that can ground for Re- Opening of Bhutto Case Why it cant be for Musharraf attack case

Court accepts 5 questions of law
* SC agrees to set up larger bench, fixes hearing for May 2
* Nominates 10 amici curiae to assist court over issue
* Directs AGP and five advocate generals to assist court
By Hasnaat Malik


ISLAMABAD: The Supreme Court onThursday admitted five preliminary questions of law from a reframed presidential referencefor revisiting the Zulfikar Ali Bhutto case.
A three-judge bench, comprising Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani, after settling thepreliminary questions on the reference, agreed to set up a larger bench for initiation of its advisory jurisdiction proceedings over the issue.
The bench also nominated Ali Ahmed Kurd, Tariq Mahmood, Hafeez Pirzada, Fakhruddin Ebrahim, Khalid Anwar, Makhdoom Ali Khan, SM Zafar, Aitzaz Ahsan, Zahoorul Haq and Abdul Latif Afridias amici curiae. It also sought assistance of the attorney general of Pakistan, advocate generals and SCBA president on the issue.
At the outset of the proceedings,counsel for the federation, Babar Awan, submitted and read to the bench the following questions:

1) Whether the decision of the LHC and SC in the murder trial against Bhutto meets the requirements of fundamental rights as guaranteed under Article 4 sub-articles (1) and (2)(a), Articles 8, 9 and 10A/due process, Articles 14 and 25 of theconstitution? If it does not, its effect and consequences.

2) Whether the conviction leading to the execution of Bhutto could be termed a decision of the SC building on all other courts being based upon or enunciating the principle of law in terms of Article 189 of the constitution? If not, itseffect and consequences.

3) Whether in the peculiar circumstances of this case, awarding and maintaining of the death sentence was justified or itcould amount to deliberate murder keeping in view the glaring bias against Bhutto?

4) Whether the decision in the case fulfils the requirements of Islamic laws as codified in the holy Quran and Sunnah of the holy Prophet (PBUH)? If so, whether present case is covered by doctrine of repentance, specially mentioned in the following Suras: (a) Sura Al-Nisa verses 17, 18; Sura Al-Baqra verses 159, 160 and 222; Sura Al-Maida verse 39; Sura Al-Aaraaf verse 153; Sura Al-Nehal verse 119 and Sura Al-Taha verse 82 (b) Sunan Ibn-e-Maaja, chapter 171, hadith 395. What are the effects and consequences of doctrine-repentance?

5) Whether on the basis of conclusions arrived at and inference drawn from the evidence in the case an order forconviction and sentence against Bhutto could have been recorded?”