From 1979 onwards: cases trialled during martial law regimes could be reopened: CJ

Chief Justice Iftikhar Muhammad Chaudhry on Wednesday observed that the court would neither repeat the happenings of 1979 nor go for a short cut in ZAB reference and all cases trialled during martial law regimes from 1979 onwards, could be reopened if legislation is done.
"After a thorough review, it becomes evident that Zulfiqar Ali Bhutto was not given a fair trial. He was not even given a chance to defend himself...which is everybody's belief," he remarked. The CJP told Babar Awan, the government lawyer in the case that the court wishes justice be done in this case, however, we could not go beyond Article 186 of the Constitution and need your assistance in the case.
"The verdict had already been given...whether somebody likes it or not but we can not undo the judgements of our own judges. The court has to give its opinion remaining in the ambit of Article 186 of the Constitution but you will be given full chance to defend the case," he maintained.
An eleven-judge special bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a presidential reference, sent by President Zardari, seeking its opinion over death sentence of Bhutto. Justice Chaudhry told Awan that find out the record of five cases registered against Bhutto during martial law regime in 1978 as they might help in deciding the case more judiciously.
When Justice Muhammad Sair Ali, a member of the special bench said that it would be a critical, historic turn if the record of all the five case could be traced out, Awan replied with pessimism that the documents are not available anywhere. Addressing the bench, he said that it is only the court, which could give its verdict over the issue.
When Chief Justice remarked that every citizen who were tried during martial law regimes had constitutional right to be dealt as per the Constitution, Awan promptly replied that they would have no objection if all such cases were taken up for hearing. On this Justice Chaudhry called to bring a law for those who were tried during 1978 martial law and in 2000-07. The counsel again repeated his contention that ZAB case should be revisited under Article 4, which says, "An individual should be treated in accordance with law, which was inalienable right of every individual."
The lawyer told the court that instead of letting the lower court to hear the case, the then Lahore High Court (LHC) Chief Justice Molvi Mushtaq fixed it before his hand picked bench. Molvi Mushtaq was bent upon killing Bhutto and he killed him, he said and contended that under Article 8, all those laws which were inconsistent with basic fundamental rights were void and should be struck down.
The lawyer also mentioned a threatening call made by the then US President Henry Kissinger to Bhutto, warning to make him a horrible example if he signed a pact with France. The Chief Justice told him that he should also examine the aspects of five cases framed against ZAB and the one for amending the Constitution. He said it was strange that when Bhutto's bail was fixed before the apex court, Justice Yaqoob was forced to leave his office. He questioned whether they could declare illegal the certain part of LHC decision in which the judge refused to give a fair trial to accused. The hearing was adjourned till Thursday.