Failure to plead high-profile cases: PTI govt's legal gurus in the crosshairs
Legal experts warn govt against risks of filing reference against Justice Seth
PHOTO: FILE.
ISLAMABAD:
The government’s legal gurus are said to be in the crosshairs after their back-to-back failures to effectively plead high-profile cases in the superior judiciary.
According to a senior government functionary, top civil and military officials have been particularly upset with the legal team’s failure to tackle the treason case against Gen (retd) Pervez Musharraf and the case of chief of army staff (COAS) Gen Qamar Javed Bajwa’s extension.
Imran Khan, who in the past had vowed to try Musharraf for his unconstitutional acts, has been conspicuously silent on the treason trial of the former military ruler since coming to power. In the meantime, most former close aides of Musharraf also made their way into the inner sanctum of the PTI.
'Mentally unfit, incompetent': Govt to move SJC against judge over Musharraf treason verdict
Initially, both Law Minister Barrister Farogh Naseem and Attorney General for Pakistan (AGP) Anwar Mansoor Khan had publicly said that they would not give their legal opinion on Musharraf’s case.
A senior official believes it was their disassociation with the case that put the government in an embarrassing predicament.
When the PTI came to power, the chief prosecutor in the Musharraf case, Akram Sheikh, had immediately resigned while his team members stayed on for a year.
The government had a golden opportunity to withdraw the case when the special court on May 2 sought the government’s reply over Musharraf’s plea about his acquittal under Section 295K CrPC.
The government had failed to realise the gravity of the situation even at the time of nomination of Justice Seth as presiding judge by the chief justice and issued a notification regarding his appointment.
Later, it forced the then law secretary to resign as a face-saving exercise.
Detailed verdict issued in Musharraf high treason case
A former AGP believes the only option the government has now is to approach the apex court against special court’s judgment. “No judicial order can be overturned by anyone, including parliament. The only option left is of pardon, which is also doubtful,” he told The Express Tribune.
On the other hand, a senior PTI leader said the incumbent AGP had failed to properly defend the government on the issue of the COAS’s extension in the apex court.
“Even before taking up the matter, the CJP had invited the AGP to his chamber to discuss the petition filed against the COAS’s extension, but he failed to satisfy him,” he claimed.
He said the government officials were upset over the detailed verdict in the COAS extension case because the AGP had himself assured the apex court of appropriate legislation on the service terms of COAS.
Verdict attempt to create anarchy, unrest: PM Imran
The detailed judgment also states that the AGP had assured the court that the government would carry out legislation through parliament in the shape of an act within six months to provide for the terms of service of a COAS so that effect can be given to Article 243 in letter and spirit and functionality of the constitutional provisions be realised at the earliest.
A senior PTI lawyer believes the government’s legal team could not decide the case of Justice Qazi Faez Isa in the Supreme Judicial Council. Similarly, the case of internment centres in Khyber-Pakhtunkhwa is also pending in the apex court.
As the government announced to file a presidential reference against special court head Justice Waqar Ahmad Seth, a senior lawyer said the government should refrain from questioning the “sanity” of the judge.
A former AGP fears that a presidential reference against Justice Seth on account of his mental health may provide India ground to file a review against the ICJ judgment to establish that the Pakistani judiciary was not fit to try Jadhav.
Pakistan Bar Council slams DG ISPR statement on Musharraf's treason verdict
They may say that if, according to the law minister, the AGP and the military spokesperson, the judiciary could not be trusted to try a former president and COAS, then how could it be trusted to try an Indian spy?
In fact, Justice Seth’s judgment was specifically mentioned by the ICJ and now if the government is calling him unfit to be a judge, if nothing else it would be quite an embarrassing position for Pakistan if such review is filed, he adds.
It was Justice Seth who had set aside the trials of military court convicts and his judgment had also rescued Pakistan before the International Court of Justice in the case of Indian spy Kulbhushan Jadhav.
Recently, Justice Seth, who is also the PHC chief justice, had declared the functioning of scores of internment centres in K-P unconstitutional. Interestingly, senior lawyers have been recommending for Justice Seth’s elevation to the apex court.
The government’s legal gurus are said to be in the crosshairs after their back-to-back failures to effectively plead high-profile cases in the superior judiciary.
According to a senior government functionary, top civil and military officials have been particularly upset with the legal team’s failure to tackle the treason case against Gen (retd) Pervez Musharraf and the case of chief of army staff (COAS) Gen Qamar Javed Bajwa’s extension.
Imran Khan, who in the past had vowed to try Musharraf for his unconstitutional acts, has been conspicuously silent on the treason trial of the former military ruler since coming to power. In the meantime, most former close aides of Musharraf also made their way into the inner sanctum of the PTI.
'Mentally unfit, incompetent': Govt to move SJC against judge over Musharraf treason verdict
Initially, both Law Minister Barrister Farogh Naseem and Attorney General for Pakistan (AGP) Anwar Mansoor Khan had publicly said that they would not give their legal opinion on Musharraf’s case.
A senior official believes it was their disassociation with the case that put the government in an embarrassing predicament.
When the PTI came to power, the chief prosecutor in the Musharraf case, Akram Sheikh, had immediately resigned while his team members stayed on for a year.
The government had a golden opportunity to withdraw the case when the special court on May 2 sought the government’s reply over Musharraf’s plea about his acquittal under Section 295K CrPC.
The government had failed to realise the gravity of the situation even at the time of nomination of Justice Seth as presiding judge by the chief justice and issued a notification regarding his appointment.
Later, it forced the then law secretary to resign as a face-saving exercise.
Detailed verdict issued in Musharraf high treason case
A former AGP believes the only option the government has now is to approach the apex court against special court’s judgment. “No judicial order can be overturned by anyone, including parliament. The only option left is of pardon, which is also doubtful,” he told The Express Tribune.
On the other hand, a senior PTI leader said the incumbent AGP had failed to properly defend the government on the issue of the COAS’s extension in the apex court.
“Even before taking up the matter, the CJP had invited the AGP to his chamber to discuss the petition filed against the COAS’s extension, but he failed to satisfy him,” he claimed.
He said the government officials were upset over the detailed verdict in the COAS extension case because the AGP had himself assured the apex court of appropriate legislation on the service terms of COAS.
Verdict attempt to create anarchy, unrest: PM Imran
The detailed judgment also states that the AGP had assured the court that the government would carry out legislation through parliament in the shape of an act within six months to provide for the terms of service of a COAS so that effect can be given to Article 243 in letter and spirit and functionality of the constitutional provisions be realised at the earliest.
A senior PTI lawyer believes the government’s legal team could not decide the case of Justice Qazi Faez Isa in the Supreme Judicial Council. Similarly, the case of internment centres in Khyber-Pakhtunkhwa is also pending in the apex court.
As the government announced to file a presidential reference against special court head Justice Waqar Ahmad Seth, a senior lawyer said the government should refrain from questioning the “sanity” of the judge.
A former AGP fears that a presidential reference against Justice Seth on account of his mental health may provide India ground to file a review against the ICJ judgment to establish that the Pakistani judiciary was not fit to try Jadhav.
Pakistan Bar Council slams DG ISPR statement on Musharraf's treason verdict
They may say that if, according to the law minister, the AGP and the military spokesperson, the judiciary could not be trusted to try a former president and COAS, then how could it be trusted to try an Indian spy?
In fact, Justice Seth’s judgment was specifically mentioned by the ICJ and now if the government is calling him unfit to be a judge, if nothing else it would be quite an embarrassing position for Pakistan if such review is filed, he adds.
It was Justice Seth who had set aside the trials of military court convicts and his judgment had also rescued Pakistan before the International Court of Justice in the case of Indian spy Kulbhushan Jadhav.
Recently, Justice Seth, who is also the PHC chief justice, had declared the functioning of scores of internment centres in K-P unconstitutional. Interestingly, senior lawyers have been recommending for Justice Seth’s elevation to the apex court.