Adv Mian Abdul Mateen

Why Zulfiqar Ali Bhutto was Hanged? | Legal Point of View | Advocate Mian Abdul Mateen

Zulfiqar Ali Bhutto’s execution on 4 April 1979 was the end point of a criminal case that began with the 1974 assassination of Nawab Muhammad Ahmad Khan Kasuri in Lahore—an attack widely believed to have targeted his son, the dissident MNA Ahmad Raza Kasuri. After General Zia-ul-Haq’s coup in July 1977, Bhutto was arrested and tried in the Lahore High Court (LHC) for conspiracy to murder; the trial, presided over by Justice Maulvi Mushtaq Hussain, concluded with a death sentence in March 1978. ([Human Rights Watch][1])

Bhutto appealed. On 6 February 1979, a seven-judge bench of the Supreme Court of Pakistan, by a narrow **4–3** majority, **upheld** the LHC verdict. In essence, the majority accepted that Bhutto’s culpability for the Kasuri murder had been proved; the dissenting judges were not persuaded. A subsequent review petition was unanimously rejected, and the sentence was carried out two months later. This sequence—LHC conviction, split-decision affirmation, review rejection, execution—forms the formal legal chain that answered the question “why was he hanged” in 1979: because the apex court, by majority, let the capital conviction stand. ([Bhutto][2])

But legality on paper and justice in substance are not always the same thing. From the start, international observers and many Pakistani lawyers criticised the proceedings as **politicised** and **procedurally unfair**—from the choice of bench to the handling of evidence and witnesses, to the broader climate of martial law. Over time, the Bhutto case came to be described in public discourse as a “judicial murder,” a label born of the perception that the process did not meet baseline fair-trial guarantees. Contemporary and retrospective accounts emphasised that the prosecution narrative relied heavily on testimony from Federal Security Force insiders and that the environment around the trial was anything but ordinary. ([Dawn][3])

That critique received formal acknowledgment in **March 2024**, when a full bench of the **Supreme Court**, answering a long-pending **Presidential Reference under Article 186**, issued an **advisory opinion** that **the requirements of fair trial and due process were not met** in Bhutto’s murder trial. The Court did not (and could not, in advisory jurisdiction) set aside the 1979 judgment; rather, it recorded that the process failed constitutional standards of fairness. This matters legally because it reframes the case in Pakistan’s own judicial record: the state’s highest court has now said, in clear terms, that the trial that led to Bhutto’s hanging did not satisfy constitutional due-process guarantees. ([Reuters][4])

So, from a strictly legal lens, **why was Bhutto hanged?** Because the **LHC convicted him** for conspiracy to murder and the **Supreme Court, by 4–3, affirmed that conviction**; the review failed, and the sentence was executed. From a constitutional-justice lens updated in 2024, **why does the case remain controversial?** Because the same Supreme Court has now declared that the **trial did not meet fair-trial and due-process standards**, validating, in principle, the long-standing criticism that the proceedings were tainted by the context of martial law and judicial pressure. Both statements can be true at once: legally executed in 1979 on the basis of the courts’ rulings of that time, and institutionally acknowledged in 2024 as **falling short of what the Constitution demands**. ([Bhutto][2])

For students of law, the case is a stark lesson. Capital punishment demands procedures that are not merely correct in form but compelling in fairness. A split apex-court judgment under an authoritarian regime, followed decades later by an advisory finding of unfairness, shows how **process is substance** in criminal justice. Whatever one’s politics, Bhutto’s case now sits in our jurisprudence as both a precedent in criminal appeals and a cautionary tale about **what happens when courts are asked to deliver final answers in an atmosphere where first principles—independence, due process, and the presumption of innocence—are under stress**. ([Dawn][3])