331. Telegram From the Embassy in Pakistan to the Department of State1
3464. Kathmandu for Hagerty. Subject: Supreme Court Dismisses Bhutto Review Petition. Ref: Islamabad 3448.2
1. (U) The Pakistan Supreme Court has rejected former Prime Minister Bhutto’s final attempt to overturn the conviction and death sentence [Page 773] passed by the Lahore High Court. The court dismissed Bhutto’s review petition on March 24, thus exhausting Bhutto’s alternatives for judicial relief from the conviction.
2. (U) In delivering the court’s decision, Justice Akram said merely: “We all agree that the petition be dismissed.” Yahya Bakhtiar, Bhutto’s chief defense attorney asked permission to see his client and the court referred him to the government for such permission. The court then rose after spending less than five minutes on this dismissal.
3. (U) This action seems definitively to end the judicial consideration of Bhutto’s fate. The only additional appeal is to the President for mercy. We understand such a mercy petition must be submitted within seven days after the condemned man has been advised of the dismissal of his appeal. However, Zia has repeatedly referred in the past to appeals already before him, and he could simply say that these have been considered and rejected.
4. (S) Based on developments of the past week, including President Zia ul-Haq’s announcement on March 23 of a firm election date (septel),3 high level military personnel changes and [less than 1 line not declassified] that Zia has made up his mind,4 it appears unlikely that clemency will be granted. Rather, all indicators are that Zia will carry out the sentence—perhaps within the next few days.5
- Source: National Archives, RG 59, Central Foreign Policy File, D790135–1062. Secret; Niact Immediate; Noforn. Sent for information to Ankara, Colombo, Dacca, Kabul, Karachi, Kathmandu, New Delhi, Paris, CINCPAC, Tehran, Lahore, and Peshwar (pouch).↩
- Telegram 3448 from Islamabad, March 22, transmitted a March 22 Radio Pakistan news bulletin that announced that the Supreme Court of Pakistan would convene the morning of March 24 in order to deliver its decision on whether to accept Bhutto’s appeal to review his conviction. (National Archives, RG 59, Central Foreign Policy File, D790132–0712)↩
- In telegram 3465 from Islamabad, March 24, the Embassy reported Zia’s announcement during a March 23 speech at the annual military parade that national and provincial elections would be held on November 17. The telegram also noted: “Zia also reportedly said that changes will be made in the 1973 constitution to achieve ‛balance’ between the roles of the President and the Prime Minister.” (National Archives, RG 59, Central Foreign Policy File, D790135–1073)↩
- Not found.↩
- In response to the news that Bhutto’s appeal for review was denied, the Department instructed the Embassy in telegram 73715 to Islamabad, March 24, to “seize on any appropriate opportunity to reiterate our hope that clemency will be granted Bhutto on humanitarian grounds.” (National Archives, RG 59, Central Foreign Policy File, D790136–0859)↩