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‘Reference against a judge can’t be filed over their judgment’

SAMAA | - Posted: Dec 20, 2019 | Last Updated: 8 months ago
SAMAA |
Posted: Dec 20, 2019 | Last Updated: 8 months ago
Hamid Khan tells anchorperson Amber Shamsi on her show Sawal

Senior lawyer Hamid Khan criticized on Friday the federal government for its decision to file a reference against Justice Waqar Ahmed Seth, saying the law minister didn’t even know the basics of law.

“I heard yesterday that they will go to the Supreme Judicial Council,” Khan told SAMAA TV's anchorperson Amber Shamsi on her show Sawal.

“They [the government] are unaware of the basic law,” he added.

The senior lawyer, who is one of the founding members of the ruling Pakistan Tehreek-e-Insaf, said that disciplinary action can’t be taken against Justice Seth based on his judgment.

“There is a basic law across the country that disciplinary action can't be taken against any judge based on what he wrote in the judgment,” he said.

Related: Govt to file reference against Justice Waqar Ahmed Seth

On Thursday, Law Minister Farogh Nasim announced that the government will approach the Supreme Judicial Council against the judge. The minister even called Justice Seth “unfit” and “incompetent”.

Justice Seth headed the three-member special bench that awarded death sentence to former military dictator Pervez Musharraf under Article 6 of the constitution in the high treason case. He has since been under immense criticism for his remarks in the detailed verdict issued Thursday.

In the detailed judgment, the judge said in paragraph 66: “We direct the Law Enforcement Agencies to strive their 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.”

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One Comment

  1. SMM  December 22, 2019 1:13 pm/ Reply

    The reference against judge is not for his judgment (given on day one) but for the explanation/reason of the judgment.
    Secondly, it is not about discipline, it is about capability and incompetence.

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Pervez Musharraf, Hamid Khan, Farogh Nasim, Justice Waqar Ahmed Seth
 
 
 
 
 
 
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