PHC Chief Justice Seth who was the head of three-member Special Court wrote that corpse of Musharraf be brought to D-Chowk and be hanged there for three days if he died before execution of his death sentence.
LAHORE: (Urdu Point/Pakistan Point News-Dec 21st, 2019) The government has moved reference against Peshawar High Court Chief Justice Waqar Ahmad Sheikh over his observations in the judgement against former military ruler General (retd) Pervez Musharraf in high treason case.
The government submitted the reference against Justice Seth before Supreme Judicial Council and questioned the mental state of the Judge.
“Corpse of former military ruler Pervez Musharraf be brought to D-Chowk and be hanged there for three days for abrogating the Constitution,” Justice Seth—who was head of the three-member Special Court, said while deciding the high treason case aganst Pervez Musharraf.
Justice Seth’s observation was strongly condemned by Inter Service Public Relations and the ruling party and its ministers.
In its reference against Justice Seth, the government said that the verdict given against former military ruler Pervez Musharraf was contradictory of the Constitution of Pakistan. The observation of Justice Seth has no validity and has no space in humanity, religion and civilization. “The verdict is based on malafide intention,” said the reference and asked the Supreme Judicial Council to proceed against him.
Earlier, Senator Raza Rabbani warned the government that filing reference against Justice Seth would be violation of Article 10-A of the Constitution. He also warned the PTI government to stay away from running anti-judiciary campaign.
“In order to get rid of Para 66, any appropriate forum could have been approached,” said Rabbani, making it clear that the government was now habitual of using Article 209 against the judges of the superior courts.
Raza Rabbani—the out spoken leader who belongs to PPP, categorically said that that the content of the judgement did not provide any ground to move reference against a sitting judge of the Superior courts. Hamid Khan, one of the top lawyers, had earlier said that law minister or any law officer cannot give judgement over a judicial judgement.
“Writing few words doesn’t fall in the category of mental illness or misconduct,” said Hamid Khan, adding that filing reference against Justice Seth before filing appeal against the verdict would be violation of the Constitution.
“This decision was against an individual,” Hamid Khan added.
