Sitting Panel: Muhammad Bashir Jehangiri, Sh. Riaz Ahmed, Munir A. Sheikh, Nazim Hussain Siddiqui, Iftikhar Muhammad Chaudhry, Qazi Muhammad Farooq and Abdul Hameed Dogar, JJ

Summary:

This case involved an appeal filed by Asif Ali Zardari and another against a judgment of the Ehtesab Bench of the Lahore High Court, Rawalpindi Bench, which had convicted them in an Ehtesab Reference. The primary contention raised by the appellants was that the trial conducted by the Ehtesab Bench was vitiated by bias on the part of the presiding judge. The defense presented several arguments and instances to demonstrate this alleged bias, including the judge’s past conduct, public statements, and the manner in which the trial proceedings were conducted. The prosecution, on the other hand, argued that the allegations of bias were unfounded and that the trial was conducted fairly.

The Supreme Court, after thorough consideration of the arguments and the available record, concluded that there was indeed “sufficient material on record which substantiates the allegation of bias.” The Court determined that the trial in this case was “not fair” and was “vitiated” on account of the established bias of the Ehtesab Bench. Consequently, the Supreme Court accepted the appeals, setting aside the convictions and sentences awarded to the appellants. The case was remitted to a Court of competent jurisdiction for a trial afresh in accordance with the law, ensuring that the accused would receive a fair and impartial hearing. The Court also noted that the plea for Asif Ali Zardari’s release, having served a substantive sentence, should be agitated before the newly assigned trial court.

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