Government decided to approach SJC against Justice Waqar Seth
Farooq naseem
The federal government has decided to approach the Supreme Judicial Council (SJC) against Peshawar High Court Chief Justice Waqar Seth one of the authors of the judgment against General (retd) Pervez Musharraf which awarded him death sentence for abrogating the Constitution in 2007.
Justice Seth had called for a public hanging of the former military ruler if he meets natural death. In a press conference following the detailed verdict in the treason case Thursday evening, Law Minister Farogh Naseem said a reference will be filed against the judge, who’s not fit to be a judge of any court.
Musharraf was handed down a death sentence under Article 6 of the Constitution on Tuesday. The court found the former president guilty on several counts, including abrogation of the Constitution, declaration of the state of emergency, and detention of Supreme Court judges.
“I do not understand the authority under which this sort of observation was given,” said Naseem. Referring to a past judgment by Supreme Court Justice Naseem Hasan Shah in which the “universal declaration of human rights in Islam” had been referenced as well Article 14 which speaks of the “fundamental right of the dignity of man” was invoked, the law minister said that it was ruled that public hangings are in contravention to 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,” said Naseem. “With due respect, this is an unprecedented, despicable and completely wrong observation by the judge.
The bench was headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprised Justice Nazar Akbar of the Sindh High Court and Justice Shahid Karim of the Lahore High Court.
