ISLAMABAD: Minister for Law Farogh Naseem on Thursday said that Federal Government has decided to file a reference in Supreme Judicial Council (SJC) against Special Court judge Justice Waqar Ahmed Seth for writing Para 66 in the detailed judgement of the high treason case against former President General (retired) Pervez Musharraf.
Speaking with Special Assistant on Information and Broadcasting Firdous Ashiq Awan and Special Assistant to the Prime Minister of Accountability and Home Affairs Shahzad Akbar in Islamabad on Thursday, he said that the suggestion of Justice Waqar Ahmed that law enforcement agencies should arrest Pervez Musharraf and hang his body if found dead at D-Chowk, is against the law and the constitution, and also unprecedented as well as detestable.
The laws relating to the high treason, including Article 6 of the High Treason (Punishment) Act, 1973, and The Criminal Law Amendment (Special Court) Act, 1976, he said, did not permit any judge to pass such kind of observation that a person’s corpse should be dragged at a Chowk and then hanged there for three days.
He said there are two dissenting notes on the para, adding that the federal government has objection over conduct of the trial and it will go into appeal against the judgment.
The minister said public hanging is against the constitution and Islam.
“It is beyond my understanding that under what authority a judge can give such despicable and unethical observation in a case,” he remarked. It was not only a deviation from the Constitution, but also counter-productive for the people’s faith in judiciary, he added.
“I request senior judges of the Supreme and high courts to restrain him from carrying out any administrative and judicial duties as his observation shows that he is mentally ill and incompetent,” he added.
He said the observation of Justice Waqar Ahmed indicates that he is incompetent and unfit for the job. He said the senior judges of the Supreme Court should restrain Justice Waqar Ahmed for any administrative and judicial work.
Speaking on the occasion, Special Assistant to the Prime Minister on Accountability and Interior Shahzad Akbar said it is a matter of serious concern.
The special assistant said the federal government has objection over conduct of the trial and it will go into appeal against the judgment.
He said the federal government, and the Lahore and Islamabad high courts had pointed out that there were serious procedural and constitutional issues that needed to be corrected, but were overlooked by the Special Court.