Govt decides to file reference against Justice Waqar Ahmed Seth in SJC
The governments legal team said special court verdict has created a sense of anarchy in country.
ISLAMABAD (Dunya News) – In the wake of Special Court’s detailed verdict in Musharraf treason case, the government has decided to file a reference against Justice Waqar Ahmed Seth in the Supreme Judicial Council (SJC), sources told.
The decision was taken during a media strategy committee meeting headed by Prime Minister Imran Khan in Islamabad today (Thursday).
The government’s legal team has stated that para 66 in the detailed verdict - which states that the convict should be dragged to D-Chowk and hanged for three days – is violation of the legal and humanitarian limits.
The special court verdict has created a sense of anarchy in the country. This verdict negates the law, shariah and human rights, the legal team added.
According to sources, the prime minister vowed not to let stability be affected in the country and any attempt to create conflict among institutions will be foiled.
Prime Minister Imran Khan has also tasked his legal team to present the government’s response on special court’s verdict .
Detailed Verdict
Earlier today, a three-member bench of the special court headed by Justice Waqar Ahmed Seth issued detailed verdict of high treason case against former president and General (retd) Pervez Musharraf.
The registrar office of special court has handed over the copies of verdict, consisting 169 pages, to Pervez Musharraf’s lawyers and other parties in the case.
Justice Nazar Akbar opposed the verdict of sentencing Pervez Musharraf to death and cleared him of the accusations while Justice Waqar Seth and Justice Shahid Karim handed him the death penalty. The detailed verdict has been termed as first of its kind.
“We are of the considered view that the accused in this High Treason case has been afforded more than his due share of fair trial. The protected trial of a constitutional and not any ordinary offence that began six years ago in 2013, has yet to see its end in 2019. The accused, who has been given every opportunity to defend himself, has by his conduct in the proceedings only evinced his utter contempt for the law and legal institutions in this country. The facts of this case are well documented. The documents clearly demonstrate the guilt on the part of the accused. It proves beyond a shadow of reasonable doubt all the charges of High Treason leveled against accused by the State.
"It is patent by the act and conduct of the accused facing trial, that he has persistently and stubbornly strived ever since the commencement of this trial, to delay, retract and in fact evade it. It has been his plea throughout that either on account of ill health or for security hazards he could not reach up to this Court to face trial," said the judgement.
“As a necessary corollary to what has been observed we find the accused guilty as per charge. The convict be therefore hanged by his neck till he dies on each count as per charge.
“We direct the Law Enforcement Agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days.”
Dissenting note
"I have respectfully gone through the proposed judgement authored by my brother Waqas Ahmad Seth J [...] with my humble comprehension of law and justice, I happened to dissent with majority view of my learned brothers," said Justice Akbar in his dissenting note.
"In the offence under Article 6 of the Constitution, the charging word is high treason , therefore, without properly appreciating what does it mean, this court cannot pass a just and fair verdict."
"But for this reason, both the learned counsel for the prosecution and my learned brothers have referred to the definition of high treason by relying on the meaning of high treason given in the Oxford Dictionary (Tenth Edition)."
Pervez Musharraf slams verdict
Former president General (retd) Pervez Musharraf termed the special court’s verdict dubious, saying that no precedent can be found for such a decision where neither the accused nor his lawyer were given the fundamental right to defend the case.
In a statement issued by Pervez Musharraf, he expressed: "I heard the special court’s decision on TV, and it was an indefinite verdict which deliberately targeted only one person in the proceedings”.
He said that he greatly respects the Pakistani judiciary, but this is the first time in history that a special court has given such a verdict. “I even offered to record a statement before the special commission, but my statement was ignored and not recorded”, he added.
Pervez Musharraf expressed that he was targeted by officials who hold high positions. He went on to say that the case was heard because of some personal outrage while those judges who benefitted in his tenure are misusing their position against him. “The choice of events according to their intentions shows what these people want,” he asserted , adding that he is grateful to the army and the public for remembering his services.
Pak Army expresses "pain and anguish" over the verdict
Inter-Services Public Relations (ISPR) Director General Major General Asif Ghafoor on Tuesday said that the special court verdict in the Pervez Musharraf treason case has been received with “alot of pain and anguish within the rank and file of Pakistan armed forces”.
The statement comes after sources said a meeting of the top military leadership was underway at the General Headquarters in Rawalpindi in the wake of the judgement.
The DG ISPR statement said that an ex-Army Chief, Chairman Joint Chief of Staff Committee and President of Pakistan, who has served the country for over 40 years, fought wars for the defense of the country can surely never be a traitor.
