Govt undecided on filing reference against Justice Seth

Officials say govt may not file presidential reference against special court judge

ISLAMABAD: The day the special court had issued its detailed verdict in the Pervez Musharraf treason case, an incensed government announced a plan to seek the removal of the presiding judge, Justice Waqar Seth, through a presidential reference over his “three-day hanging” rider to the sentence of the former military ruler.

But now the government appears to be in two minds on whether or not to file the reference against Justice Seth with some members in the inner sanctum opposing the idea of approaching the Supreme Judicial Council (SJC), the apex forum mandated to hear complaints and take action against judges of superior courts.

Justice Waqar Seth, who is also the chief justice of Peshawar High Court, wrote the grisly rider to Musharraf’s death sentence that stirred up a storm. Para 66 of the detailed judgment authored by Justice Seth states: “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.”

If Musharraf dies, hang corpse at D-Chowk: Justice Seth

The “bizarre” rider, as many call it, drew the wrath of the military and the government with the federal law minister announcing that the government would file a reference against Justice Seth in the SJC over his “unconstitutional” observation.

However, sources told The Express Tribune on Saturday that the government might not file the reference as it could further stoke tensions with the judiciary. The superior bars have also strongly reacted to the government announcement to file the reference against Justice Seth.

One section within the government has opposed the move, saying that the SJC would not sack a judge on the basis of his judicial order, a senior official has confirmed to The Express Tribune. Lending credence to the official’s claim, the prime minister’s top aide on accountability Shahzad Akbar has, meanwhile, denied media reports that claimed he was drafting a presidential reference against Justice Seth.

Relations between the government and the superior judiciary appear to be tense following the recent tiff. Environment at the swearing-in ceremony of new Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed appeared to be tense, according to a participant of the ceremony at the Presidency.

Not all the cabinet ministers were in attendance, though the army chief felicitated the new top judge as did the prime minister and the president.

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

Some government officials had recommended to the prime minister to give a good gesture to the new CJP in an attempt to lower tensions with the judiciary. Sources claim that President Alvi invited the new CJP to dinner on Monday night, but he politely declined.

Law Minister Farogh Naseem has questioned the “sanity” of Justice Seth over his “three-day hanging” rider to Musharraf’s sentence. A former AGP fear that questioning the “sanity” of the judge may provide India ground to file a review against the International Court of Justice (ICJ) judgment to establish that the Pakistani judiciary was not fit to try RAW agent Kulbhushan Jadhav.

The Indians may take the plea that if, according to Pakistan’s top civil and military officials, the judiciary could not be trusted to try a former president, then how could it be trusted to try an Indian spy?

Govt to invoke Sharia law against Justice Seth

In fact, Justice Seth’s judgment was specifically mentioned by the ICJ in the Jadhav case and if the government now calls him unfit to be a judge, then if nothing else, it would be quite an embarrassing position for Pakistan if Delhi files such a review, he added.

Justice Seth had set aside the trials of military court convicts in a judgment which also rescued Pakistan before the ICJ in the Jadhav case.

Former AGP Ashtar Ausaf Ali also believes that the presidential reference against Justice Seth might have international implications as it may be used by India against Pakistan before the ICJ.

Recently, Justice Seth had declared the functioning of scores of internment centres in Khyber-Pakhtunkhwa unconstitutional. Interestingly, senior lawyers have been recommending that Justice Seth is elevated to the apex court.