ISLAMABAD: The ministry of law and justice has commenced research work on the reference to be filed against Peshawar High Court Chief Justice Waqar Ahmed Seth for authoring paragraph No 66 of the detailed judgement in the high treason case against former dictator Gen Perez Musharraf.

Para 66 reads: “We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict [Pervez Musharraf] and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk [in front of the Parliament House], Islamabad, Pakistan, and be hanged for three days.”

Justice Seth headed the three-judge special court that convicted Gen Musharraf and awarded him death sentence on five counts.

Attorney general and PM’s aide on accountability playing key role in preparation of reference

A spokesperson said the law ministry is currently conducting research work on the reference, adding that the attorney general for Pakistan, who was in Turkey on an official visit, returned on Saturday and he would give his input in the preparation of the reference.

Sources said that Special Assistant to the Prime Minister on Accountability Mirza Shahzad Akbar is overseeing the preparation of the reference. Mr Akbar, who heads the Assets Recovery Unit, was also behind the filing of reference against Justice Qazi Faez Isa of the Supreme Court. Justice Isa has challenged the SJC’s proceedings before the Supreme Court and a larger bench of the apex court is hearing the matter.

Following issuance of the detailed verdict in the high treason case earlier this week, the government’s legal team announced filing the reference against Justice Seth in the Supreme Judicial Council (SJC), besides challenging the judgement in the Supreme Court.

The verdict also ruled out that the imposition of emergency was a one-man show and stated that senior hierarchy of the army was equally and fully involved in the act and deeds of the accused and added: “If for a moment it is presumed that military high command including corps commanders were not involved then why they failed to defend and protect the constitution”.

Both the government and the army expressed anger over paragraph number 66 and termed it unlawful, inhuman and unconstitutional.

The government decided to move the SJC and file an appeal against the verdict during a meeting of the ruling Pakistan Tehreek-i-Insaf’s strategic committee headed by Prime Minister Imran Khan, after his telephonic conversation with Chief of the Army Staff Gen Qamar Javed Bajwa.

The decision to move against the special court’s verdict and its author Justice Waqar Ahmad Seth was revealed by Law Minister Farogh Naseem, Special Assistant to the PM on Information Dr Firdous Ashiq Awan and Shahzad Akbar at a joint press conference.

Mr Naseem at the presser said the government had the grounds to file a reference against the PHC’s chief justice because there was a verdict of then chief justice of Pakistan Iftikhar Mohammad Chaudhry which said “incompetence is a ground of misconduct”.

Published in Dawn, December 22nd, 2019