PBC-the country’stop regulatory body of the lawyers—says that there is a law that provides proper procedure to challenge the judgement if there is any flaw in it but there is no justification or reason to disgrace the judiciary.
KARACHI: (Urdu Point/Pakistan Point News-Dec 20th, 2019) Pakistan Bar Council (PBC) has questioned the insulting criticism on the judgement of the special court which convicted former military ruler General retired Pervez Musharraf.
Pakistan Bar Council the way the judgement was criticized spread an impression that there is no respect of any other institution including the judiciary. According to a statement issued to reporters, Pakistan Bar Council—the top regulator of the lawyers in the country, said that if there is any flaw in the judgement then there is a law that has provided procedures and proper course for agitating that flaw.
“If there are some flaws in the judgement of Musharraf’s case, in the opinion of DG ISPR, then the law has provided, procedure and proper course for agitating such flaws, if any, before the higher judicial forums by way of appeal, revision or constitutional petition but the manner and the way, in which, the judgement of the special court has been criticised by an official of the army clearly gives an impression that all the institutions in Pakistan are subservient to the armed forces, to follow its dictation and there is no respect for any other forum including the judiciary,” said the statement jointly issued by the council vice chairman Syed Amjad Shah and chairman of its executive committee Sher Mohammad Khan.
It strongly criticized the Federal government, its ministers and others for using contemptuous remarks against judiciary—the very organ of the state, and made it clear that the way of criticism adopted by the ruling party’s leaders reflects that their government was brought by the army and their “institution” is under attack and that, therefore, they had been criticized the judgement.
“The legal fraternity is also of the view that the attitude adopted by the federal government, its ministers, law officers and specially the attorney general for Pakistan, also confirms that the party in power has been installed by the army and its institution is on the driving seat and that’s why they are also criticising the judgement in the same tune and tenor,”.
PBC also strongly condemned the federal government and its ministers for their views against the judiciary. It We, therefore, strongly condemn and disapprove the insulting attitude of the army official as well as the government functionaries towards judiciary and the constitutional process of dispensation of justice.”
The PBC is also questioned ISPR’s Director General saying that his statement is also violation of the Constitutional provisions. While disapproving DG ISPR’s statement, it said: “ Musharraf was convicted for committing high treason,”.
It may be mentioned here that a three-member Special Bench headed by Justice Waqar Ahmad Seth sentenced former military dictator Pervez Musharraf to death on five counts for abrogating the Constitution and imposing emergency in the country on Nov 3,2007. The bench declared Musharraf guilty and announced a split decision with ratio of 2:1.
Justice Waqar Ahmad Seth and Justice Shahid Karim held Musharraf guilty and sentenced him to death on five counts over charges of high treason under Article 6 of the Constitution while Justice Nazar Akbar gave dissenting note and held that Musharraf was not guilty and he should not be punished.
Justice Seth observed that corpse of Pervez Musharraf be brought to D-Chowk and be hanged there for three days for abrogating the Constitution. However, Justice Karim differed with this point and held that he should be sentenced to death.
Giving quick reaction, the ISPR rejected the judgement and strongly criticized the wordings used in it , saying that it had no space in religion, humanity and civilization. The federal government and the ministers also strongly criticized the judgement.
