During the hearing, Chief Justice Iftikhar Mohammad Chaudhry said the court could not declare anyone innocent or guilty in the case but could give its opinion under Article 186.
The 11-member bench comprised of Chief Justice Iftikhar Muhammad Chaudhry comprised Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Jawwad S Khawaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Tariq Parvez, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim.
An 11-members bench headed by Chief Justice Iftikhar told the president’s counsel Babar Awan to understand the implications of the relief he was seeking and said the court could only go so far as to say that the trial was not fair.
He said the court was also take suggestions from judicial assistants over the presidential reference. The decision would set an example in the country’s judicial and national history, Chief Justice Iftikhar said.
Awan alleged that the arrest of Mahmood Kasuri became the starting point of Zulfikar Ali Bhutto’s killing.
At which point, Chief Justice Iftikhar directed the judicial assistants to guide the court in issuing a notice to Kasuri.
Subsequently, the case’s hearing was adjourned to January 2.
It is to be noted that hearing was adjourned on June 29 till July and was not taken up after the Justice Javed Iqbal's retirement on August 1, Justice MA Shahid Siddique's on October 13, and ad hoc judge Ghulam Rabbani's on October 20.
The federal government filed the reference in April to reopen ZAB case.