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WITNESS TO WITNESS TO SPLENDOUR SPLENDOUR Z.A. Bhutto Reproduced by Sani H. Panhwar Member Sindh Council PPP CHAPTER ONE: THE FIRST DAY Mr. Zulfikar Ali Bhutto: My Lords, I know that according to protocol and the ethics of the court, I am not supposed to express my thanks and gratitude to this honorable court for permitting me to appear before you this morning. Nevertheless, according to the social conditions of the country, and in Rome do as the Romans do, I am very thankful to you for allowing me this opportunity. In my application to Your Lordships on the 4th of December, I submitted that I would like to present before this honorable court my point of view because not only my life as life of an individual is involved but because, according to my objective appreciation, far more is at stake. My reputation, the honor of my family, my political career and above fall the future of Pakistan itself is involved. This is my view; it may be a mistaken view but it is an honest and sincere view. I am not trying to dramatize or exaggerate. In my application, I said that in the interest of justice I would appreciate that kind favorable consideration be given to my application. On the 5th of December, Your Lordships were kind enough to pass an order stating that Your Lordships had decided at the inception that if needed I should make an appearance before this honorable court in the course of this appeal. Your Lordships reiterated the observation made originally and observed that it was not in any way connected with the developments that took place subsequently as a result of the necessity of Mr. Justice Waheeduddin's departure from the Bench. Your Lordships also, I think, indicated in that order that you would hear me in the interest of justice and that I could speak on any subject. You expressed that hope that I would choose not to cover those points that have already been covered. Witness to Splendour Copyright © www.bhutto.org 2 Now, I would like to give this assurance to Your Lordships straight away that I would not like to cover those points that have already been covered but if at all I go on the beaten track, it would be because I am not familiar with everything that has been said in this court. I have been in a death cell, 7 by 10 feet, for over a year now and even in this room I feel a little dizzy. I cannot really adjust myself to the momentum and equilibrium of this room and to people. It is nice to see people. Therefore, I am being a little slow in this presentation. I do not want to mention here in this honorable court before people who are not Pakistanis-although I have great respect for our friends from abroad- whatever has been done to me. I do not want to show marks on my body or anything like that. But I would like to say that I have something to say and if in that process I do trespass on ground already covered it is not being done with a mala fide intention or to waste Your Lordships' time. I can see, even from my small death cell, the compulsions that are at play for winding up this case. Those are clear to me as I see the panorama. My second assurance to you is that I have no intention of scandalizing the institutions as mentioned in one of the newspapers. I do not know whether that newspaper correctly reported these remarks, but I was a little amused by them. Why should I scandalize institutions? In the first place, precious few institutions are left to scandalize. Secondly, I have been deeply connected and associated with the institutions of this country and I have tried to build them. I have never tried to destroy them. I would not like to be presumptuous and say that I am the author of the Constitution of 1973. However, in the past, even when undemocratic constitutions have been passed, they have been known as Chaudhry Mohammad Ali's Constitution and Ayub Khan's Constitution. In that context Witness to Splendour Copyright © www.bhutto.org 3 this constitution could have been called Z.A. Bhutto's Constitution, if the word Zulfikar Ali Khan Bhutto is too high sounding. I have, actually promoted the institutions. Your Lordships will very well remember that when I was President of Pakistan and Your Lordships were members of Hamoodur Rahman's Commission, Chief Justice Hamoodur Rahman and the Hamoodur Rahman Commission wanted to examine me in the President's House. I immediately sent a message through my Special Assistant saying that I could not conceive of the Chief Justice of the High Court of our country coming to me; that it was my duty to go to the Commission and that I would not think it right for the commission to come to me merely because I am the first elected President of Pakistan. Your Lordships, here also when I appeared in October 1977, when Your Lordships were considering Begum Nusrat Bhutto's constitutional petition, you will recall, and all of you were on this Bench except one or two Justices, that the moment any one of the honorable Justices said that I should not go into a certain point, I immediately stopped. When that Judgment was delivered, I was in Kot Lakhpat Jail as an under-trial prisoner, and in retrospect, taking the existing social realities into account, I say it is a positive judgment. I said it was a very difficult judgment because on the one hand there was the legacy and precedent of Dosso's case and other matters. On the other hand, there was an elected Constitution, a democratic Constitution, a unanimous Constitution. A via media, a modus vivendi, had to be found in the prevailing social conditions of Martial Law and from that point of view the judgment was positive. But I felt that this judgment would have rendered an even greater contribution if two aspects, two elements had been incorporated in it. Firstly, if a time limit had been fixed by this honorable Court for elections in this country. I regretted not having said it then, when I was before your Lordships. I was not directly touching on this point out of propriety and Witness to Splendour Copyright © www.bhutto.org 4 consideration that your Lordships might misunderstand my suggesting a time factor, a time element, and might think that I have something personal to gain in terms of Party and results of the election. Thus, I was beating about the bush, so to speak, and I think, it was Mr. Justice Shah and Mr. Justice Dorab Patel who said, "What you are driving at is that we should fix a time limit?”. I replied, precisely, precisely. These were my words. Secondly, if the amendment of the Constitution that has been provided for could have been restricted to those essential mechanisms required for running the administration, that there could be constitutional amendment only in terms of absolute necessity to remove the difficulties in the running of Martial Law, and not a blanket approval to amend the Constitution. You have, in fact, not given this blanket approval to amend the Constitution because you have defined a necessity and actually it is under the scope of that definition that these amendments could have been made. My third observation was that this Judgment is too subtle, too refined and too sophisticated for this Government to take advantage of, that it will be making a hash of it because this judgment does not go on meta Juristic and meta legal considerations and does not wipe the slate clean. Now, the arguments used here for Your Lordships to uphold impartiality, to uphold validity of Martial Law, are being applied in practice rather than the dictum that Your Lordships gave in Begum Nusrat Bhutto's case. For the reasons cited, I wished that I could have elaborated some of my points and because I did not choose to do so, I will put the blame on myself for I had been in a position to understand and appreciate the consequences on the executive side as to a juridical side. Therefore, I regretted very much not having pleaded before this honourable court for a little more time to elaborate fully my point of view. Your Lordships will remember that even in that brief period of an hour or so that I had here before Your Lordships, I made certain observations and Your Lordships will kindly correct me if those Witness to Splendour Copyright © www.bhutto.org 5 observations have not been fulfilled by the fullness of time. I told Your Lordships that in due course of time, there will be a proliferation of Parties, that Parties will split up. I told Your Lordships that the umbrella of Constitution not being there, the question of nationalities will arise because of the Constitutional vacuum. Pakistan was a Federation. Today, it is not a Federation any more. It is being run as de facto unitary Government. My Lord, we had arrived at a consensus on the Federation after a lugubrious and painstaking process. Now that lid has been lifted and the result has been that national interest has not gained by this and I would even like to say that it has suffered. In purely objective terms, it pains me to see the present developments, the way the Parties are proliferating, for Parties are national links and if the national links are weakened or severed, then the national structure cannot remain.