'Mentally unfit, incompetent': Govt to move SJC against judge over Musharraf treason verdict

Chief justice PHC Waqar Seth called for former president’s public hanging if he dies a natural death

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The government has decided to approach the Supreme Judicial Council against Justice Waqar Seth of the special court judge who has called for dragging Gen (retd) Pervez Musharraf’s corpse and hanging it at D-Chowk for three days if he dies a natural death before the execution of his sentence.

The government decision – announced by Law Minister Farogh Naseem – came hours after the three-judge special court, also comprising Justice Nazar Akbar and Justice Shahid Karim, issued its detailed verdict in the treason case against former military ruler Pervez Musharraf.

Speaking at a news conference, the law minister said Justice Seth has “violated judicial conduct” by issuing the “bizarre order” that Musharraf’s corpse be hanged in public for three days if he dies before his execution.

The minister said Justice Seth was “mentally unfit and incompetent”, who was not fit to be a judge of any court. He added that the government has decided to approach the SJC, with the plea “that such a judge has no authority to be a judge of any high court or the Supreme Court”.

On Tuesday, the special court – headed by Justice Waqar Seth, who is also chief justice of the Peshawar High Court – handed Musharraf the death penalty under Article 6 of the Constitution for abrogating the Constitution on Nov 3, 2007 and proclaiming emergency rule.

Justice Seth, who authored the judgment, called for the “corpse” of former army chief to be “dragged to D-Chowk” and “hanged for three days”. The law minister said: “I do not understand the authority under which this sort of observation was given.”

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“There is no room in any law – including Article 6 of the Constitution, High Treason Act, 1973 and Criminal Amendment Act of the special court, 1976 – for a judge to have the authority to give such an observation,” he said.

“Public hanging is against the Constitution and Islam,” he added. “With due respect, this is an unprecedented, despicable and completely wrong observation by the judge.” The law minister added that Justice Seth, who is also the PHC chief justice, “should be immediately stopped from performing his duties”.

While citing Article 209 of the Constitution, Naseem said it comes into effect when there is misconduct due to “incompetence” or there is “questionable mental capacity”. He added that during former chief justice Iftikhar Chaudhry’s tenure “incompetence” was added to the SJC rules as “grounds for misconduct”.

Special Assistant to Prime Minister on Accountability Shehzad Akbar said he was “ashamed to read such an observation”, adding: “It is an issue of serious concern and other judges of the bench also did not support him [Justice Waqar Seth].”

He also said that the Musharraf treason trial was concluded in haste, which was unprecedented. There are a lot of “legal loopholes in the judgment” and the government would appeal against the special court decision besides filing a judicial reference against the Justice Seth.

Meanwhile, speaking on a private news channel, Attorney General for Pakistan (AGP) Anwar Mansoor Khan said the sanity of the author of the detailed verdict was “questionable” and called for his trial and removal under Article 209 of the Constitution.

The verdict was “unconstitutional, unethical, inhuman, and was given by an individual whose sanity is questionable”.

“He must be tried under Article 209 and I will take appropriate measures for immediate action against him,” he said. “This is a judgment which I strongly condemn.”

The AGP said the judgment had also “attacked the army” in mentioning the fact that army officials have taken an oath and that Musharraf's actions were against the oath. “A person who acts against Islam, the law and the Constitution can never be allowed to remain a judge.”