Law Minister Farogh Naseem on Thursday announced the federal government’s decision to approach the Supreme Judicial Council (SJC) for the restraining of and subsequent removal of the judge who had authored the detailed verdict in the Musharraf treason case.
The detailed written order had been released earlier in the day and has been widely criticised by the lawyer community as well as members of civil society.
The judgment has been authored by Peshawar High Court Chief Justice Waqar Ahmad Seth who has directed for the “corpse” of former president retired Gen Pervez Musharraf to be “dragged to D-Chowk” and “hanged for 3 days” in paragraph 66.
“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 law minister then spoke of Article 209 under which the attorney general had announced his intention for a trial against the judge.
