ISLAMABAD - The Supreme Court on Tuesday observed that only trial court could carry out retrial of ZA Bhutto murder case, on fresh evidence, and not the apex court. An 11-member bench of the apex court, headed by Chief Justice Iftikhar Chaudhry, was hearing a Presidential reference seeking opinion on death sentence awarded to Zulfikar Ali Bhutto, further observed that for retrial the approvers had to be produced in the court. Dr Babar Awan said: 'the trial of Zulfiqar Ali Bhutto was vitiated by bias where a fair opportunity was not given to the former Prime Minister to defend himself. The learned counsel cited a number of cases from different countries wherein the judiciary not only reopened the cases but also overturned their judgments. Justice Jawad S Khawaja remarked that the cases cited were related to pardon, adding, that the courts of those countries might not have pardoned the accused, rather the executive authority of that country might have pardoned them. He remarked that with the name of Zulfikar Ali Bhutto the pardon could not be attached as the counsel was building the case not on this point. Awan said despite denial of fair trial Bhutto fought for justice but did not ask for pardon, and not even permitted his family to seek mercy petition for his life. The counsel said that he was reading records, not asking for pardon. He said it was a mistake of the Supreme Court and it should be corrected by the apex court. The learned counsel argued that the accused were granted pardon by the courts or executive. To a question whether record of five private complaints lodged against ZA Bhutto had been procured, Advocate General Punjab Khawaja Haris replied that record of three complaints had been procured while record of two was still missing. The Chief Justice said the court had to set a precedent through the Bhutto reference case so the court needed all the records related to the case. The court asked the learned counsel what has been mentioned regarding biases in the judgment of Bhutto case. Dr Awan reading the judgment said that the then Chief Justice Anwarul Haq gave benefit of doubt to the Lahore High Court, adding, that golden principle is that an iota of doubt would go into the favour of accused. Justice (Retd) Maulvi Mushtaq went to police station and lodged a complaint against Bhutto that if he was killed Bhutto be held responsible, he added. Awan stated how a judge who became complainant against an under-trial accused in his court could remain unbiased. He said in Bhuttos case due process was not observed, judges were under influence not neutral and there was violation of fundamental rights. He said Justcie Durab Patel, one of three dissenting judges of Bhutto case verdict, had said that there was no case against Bhutto. Federations Counsel Babar Awan concluded his arguments and Attorney General of Pakistan Maulvi Anwarul Haq and Advocate Generals will begin their arguments from Wednesday (today). The Chief Justice said Awan would answer the queries after Attorney General, Advocate Generals and amicus curie would finish their arguments. The hearing was adjourned till Wednesday (today).