ISLAMABAD: Minister for Law Farogh Naseem Thursday announced that the federal government would very soon approach the Supreme Judicial Council (SJC) for restraining the judge, who had authored the detailed judgment in the Pervez Musharraf high-treason case.He announced this while speaking to a hurriedly called news conference along with Special Assistant to PM on Information and Broadcasting Dr Firdous Ashiq Awan and Special Assistant to PM on Accountability Shahzad Akbar, who said the government would file appeal ‘against the judgment’, which was billed as a suicide attack on the state institutions.Prior to it, Prime Minister Imran Khan had a huddle with his key team of cabinet members over the latest development. The prime minister asserted that the judgment was unconstitutional, illegal and against the Shariah.It is pertinent that the judgment has been authored by the Peshawar High Court Chief Justice Waqar Ahmad Seth, who has directed that the body of former president Gen (R) Pervez Musharraf be dragged to D-Chowk and hanged for three days in paragraph 66.The minister said he could not understand the authority under which this sort of observation was given while referring to a past judgment by the Supreme Court Justice Naseem Hasan Shah in which the universal declaration of human rights in Islam had been referenced as well as Article 14 which speaks of the "fundamental right of the dignity of man" is invoked.He noted that it was ruled that public hangings are in contravention of the Constitution and Islam."There is no room in Article 6 of the Constitution; in the High Treason Act, 1973; in the Criminal Amendment Act of the special court, 1976; for a judge to have the authority to present such an observation," asserted the minister.“With due respect, this is an unprecedented, despicable and completely wrong observation by the judge,” he emphasised and added that Article 209 comes into effect when there is misconduct due to incompetence or when there is questionable mental capacity.He continued that in Justice Iftikhar Chaudhry's time incompetence was added to the SJC rules as grounds for misconduct and while keeping in view Justice Waqar Ahmed Seth's observations, the federal government had decided to approach the Supreme Judicial Council and file a request stating that such a judge had no authority to be a judge of a high court or the Supreme Court of Pakistan. “He is unfit. When such observations are given, not only is the court's privilege hurts, it becomes a test for the administration of justice. Our request is, because he has proved himself to be mentally unfit and incompetent, he must immediately be prevented from working. We request the Supreme Court judges to restrain him from any administrative or judicial work," said the minister.Naseem maintained that any judge giving such observations was not only acting against the law but proved himself to be counterproductive to the confidence that one must have in the judiciary."Very soon we will move a reference against the judge in the Supreme Judicial Council under Article 209," he said.Replying to questions, the minister said that the people of Pakistan also had to see such an observation against the vital organs of the state which would be tantamount to triggering clash.Referring to the judge’s observation, he asserted it was an attempt to take Pakistan into the dark ages.Shahzad Akbar said that his head hung in shame on going through the paragraph 66 of the judgment and added it was written by someone, who had taken oath to show adherence and loyalty to the Constitution.He wondered under what law such things could be made part of a judgment and called for finding out from where and how this paragraph came.“Putting aside the Constitution and the law, such observation in this era is beyond comprehension. It has disparaged the Constitution and the law,” he remarked.“You are supposed to interpret law and not make laws. It is an issue of serious concern and that has brought shame. You got identified automatically, as other judges did not agree with you,” he contended.The decision to approach SJC, he noted, was taken after lengthy deliberations and keeping in view the lives of so many innocent people with reference to the mode and manner of the observation.He added that all aspects of the trial, the way it was rushed and concluded, procedural issues, the Article 10 factor and other related things in addition to the Lahore High Court and Islamabad High Court observations are understandable. He noted that there should be proceedings of high treason case and the government wanted to add more accused but the way the trial was conducted and the way it was done in the final days, the government had serious reservations.“Particularly para 66 made us a laughing stock in the world. We will request the Supreme Court for deletion of it. The law-givers are supposed to bring harmony and unity while this is a suicide attack on his own institution and other institutions,” he noted.Shahzad Akbar saw in observation a bid to satisfy one’s ego and personal vendetta and if such things would come forward, none would be safe.Dr Firdous Ashiq Awan said in the backdrop of the judgment, it should be seen that some foreign forces were conspiring to cause instability in Pakistan and certain people became their tool but the government of Pakistan and the armed forces had the resolve to crush such conspiracies with the power of masses.
12-20-2019, 12:08 PM
PM terms judgment unconstitutional, against Shariah: Govt to file reference against J
العرض الشجري