Army reaction on decision by Special court about General Pervez Musharraf

[SIPRA]

How about taking back siachen? Or just like some holy cow said about the constitution being just a piece of paper it was also just a piece of land where even Grass doesn't grow. Funny Han?

Quite funny; since your post has no relation with my post, which you are quoting. By the way, my post was in a lighter vein, in response to another poster.

 

[Mentee]

It's said jis ko har institution reject karday wo law ki degree lelata ha
This can be the reason for their hatred for state institutions

Bb Verdict m nay nahi Dia ap apni frustration kisi or p nikalo

 

[Verve]

Are you a doc yourself? I heard they swap kids in the hospitals? Is it true?

Nope, not a doctor or a health professional.

And not Retired Forces either.

 

[Thamizh Puli]

the judgement stinks of personal animosity and hatred by the judges who wrote it and is written in 3rd rate language and expression.

that said, Pak military is going to an extreme if they start 'supporting' a dictator who brought the infamy of Kargil defeat, utter slavery to the US in deed and language as well as sheer incompetence such as getting his own phone tapped!

I like Musharaf as an individual who had his heart in the right place for his country but he was simply foolish

 

[HRK]

In fact, some of them are far more dangerous than this para 66;

exactly especially the part where he accused all of the Corps Commanders of that time of Pakistan Army, ignoring the fact that at 3 November 2007 not a single army personal was deployed in civil duties or not a single civilian institute was taken over by military personals, all provincial and federal assemblies were intact and only that all the elected governments, Prime Minister, Chief Ministers, Provincial Governors were also functioning ....

Inshort in legal term this type of Judgments are termed as self contradicting judgment, in one part of judgment those judges says one thing but then in other part say a totally different and contradicting thing just take reference of all of the corps commander in the judgment which is itself is a big flaw in the judgment as the judge at one stage made all corps commanders responsible for the 3 November, 2007 action of GPM but they also maintain that it was GPM who was the sole responsible ..... I mean what is this ....??? there are many such example one can find in the judgement

In my opinion even both the judges who convicted GPM in Article-6 were aware of the fact that the case is such weak that it would not stand in free and impartial trial, therefore they rather to go by law and to restrain themselves within given mandate wrote legally a weak and contradicting judgment to serve the motive and purpose lies beyond the boundaries of Law and Justice ....

 

[SIPRA]

exactly especially the part where he accused all of the Corps Commanders of that time of Pakistan Army, ignoring the fact that at 3 November 2007 not a single army personal was deployed in civil duties or not a single civilian institute was taken over by military personals, all provincial and federal assemblies were intact and only that all the elected governments, Prime Minister, Chief Ministers, Provincial Governors were also functioning ....

Inshort in legal term this type of Judgments are termed as self contradicting judgment, in one part of judgment those judges says one thing but then in other part say a totally different and contradicting thing just take reference of all of the corps commander in the judgment which is itself is a big flaw in the judgment as the judge at one stage made all corps commanders responsible for the 3 November, 2007 action of GPM but they also maintain that it was GPM who was the sole responsible ..... I mean what is this ....??? there are many such example one can find in the judgement

In my opinion even both the judges who convicted GPM in Article-6 were aware of the fact that the case is such weak that it would not stand in free and impartial trial, therefore they rather to go by law and to restrain themselves within given mandate wrote legally a weak and contradicting judgment to serve the motive and purpose lies beyond the boundaries of Law and Justice ....

Agree. And another unpalatable aspect of the judgement is that it incites senior army officers to defy and disobey the orders of their respective commanders, under certain circumstances.

 

[Path-Finder]

Who Is Justice Waqar Ahmed Seth, The Judge Who Ordered To Hang Musharraf?
Justice Waqar, who has written a detailed verdict on the serious treason case against Musharraf, has ruled in important cases in the past.
By KINZA ZAHRA On DEC 20, 2019
3
Share

The federal government has decided to file a reference in the Supreme Judicial Council against Special Judge Waqar Ahmed Seth, who wrote a detailed verdict on the serious treason case against former dictator General (retd) Pervez Musharraf.

Justice Waqar Ahmed Seth issued a brief verdict on December 17 to execute Musharraf, while the detailed verdict of the case was revealed on Thursday. Several points are of paramount importance in the decision but the government and the military have reacted strongly to one paragraph – which also made Seth the topic of discussion everywhere.

Based on this decision, Federal Law Minister Frogh Naseem, Prime Minister’s Assistant Special Assistant Barrister Shahzad Akbar and Assistant Special Information Minister Dr. Firdous Ashiq Awan also questioned his reputation and mental condition.

Who is Justice Waqar?

Justice Waqar belongs to Khyber Pakhtunkhwa’s district Dera Ismail Khan. He received his Matriculation from Kent Public School in Peshawar in 1977 and Higher Secondary Education from FG Inter College for Boys. After completing his primary education. He obtained his bachelor’s degree in 1981 from Islamia College Peshawar.

Justice Waqar of Gomal University and senior journalist Shameem Shahid of Peshawar told the Independent Urdu that Waqar Seth spent less than a year in Gomal University’s advocacy department. He then went to the Law College of the Peshawar University and obtained a law degree in 1985.

Waqar Ahmad Seth became a lawyer in the sub-courts in 1985, the Peshawar High Court in 1990 and then in 2008, he started practicing as an advocate.

According to Shamim Shahid, Waqar Seth was a quiet person and never participated in politics as a student. Waqar Seth lived in Peshawar while he was attending school and after completing his education, he had an office in the Pir Bakhsh building of the city, where Shamim had his office too.

Official website of Peshawar High Court:
Justice Waqar Seth’s profile on the website of the Peshawar High Court states that he became the additional judge of the Bench in 2011 and has previously served as a banking judge in the Peshawar High Court.

He then became a Judge of the Peshawar High Court Company and served as a member of the Judicial Service Tribunal. Currently, he is the Chief Justice of the Peshawar High Court and was a Special Court Judge in the Musharraf case.

Waseem Ahmed Shah, a journalist associated with the Dawn, told The Independent Urdu that he has seen the journey of Justice Waqar Seth from lawyer to judge. s far as I know, he is a fearless person and no one can pressurize him for any decision.

“Justice Waqar Seth is a fearless judge who makes decisions on merit and never seems to have made any decision on a political basis,” Shah.

Important decisions by Justice Waqar:

• Suspended the sentences of 74 alleged terrorists who were sentenced to death by military courts in 2018.
• In another case, he also ruled against giving more powers to the Army in Khyber Pakhtunkhwa.
• Petition against the Bus Rapid Transit (Peshawar Metro) to be constructed in Peshawar that the National Accountability Bureau should investigate the project.
• In addition, he had recently ordered the Federal Investigation Agency to investigate another decision regarding the BRT itself.

https://blog.siasat.pk/the-judgwho-orders-to-hang-musharraf-who-is-he/

 

[loanranger]

Gen Musharaf is a Pakistani hero. He knew how to set Indians right.

 

[Dreamer.]

Suspended the sentences of 74 alleged terrorists who were sentenced to death by military courts in 2018.

• In another case, he also ruled against giving more powers to the Army in Khyber Pakhtunkhwa.
• Petition against the Bus Rapid Transit (Peshawar Metro) to be constructed in Peshawar that the National Accountability Bureau should investigate the project.
• In addition, he had recently ordered the Federal Investigation Agency to investigate another decision regarding the BRT itself.

You can't make any judgement about the person based simply on the bold part without knowing the details of the case or reasons of the said verdict. There may be good reasons for it, there might not but nothing can be said without knowing the details. His verdict against musharraf was fine accept the part about hanging the already dead body. He got overzealous there but remember he was talking about a traitor who is responsible for thousands of deaths and selling out the country and its people. Still, I say that as a judge he should have known better. He also gave musharraf and his supporters unnecessary ammunition by doing this and he should have done better.

But remember that since the other judge who sentenced musharraf to death disagreed with him on that particular part (hanging dead body), it becomes opinion of single judge out of three i.e. minority and does not count as verdict of the court.

The verdict that counts is death sentence on 5 counts as that was majority verdict of the court 2-1. It is now government's job to bring musharraf back and implement the verdict.

It is also the government's duty to punish generals Bajwa and Ghafoor for overstepping their boundaries by attacking another institution with their lies and bringing the country into crisis in already tough international situation ans shattering the national unity.

exactly especially the part where he accused all of the Corps Commanders of that time of Pakistan Army, ignoring the fact that at 3 November 2007 not a single army personal was deployed in civil duties or not a single civilian institute was taken over by military personals, all provincial and federal assemblies were intact and only that all the elected governments, Prime Minister, Chief Ministers, Provincial Governors were also functioning ....

Inshort in legal term this type of Judgments are termed as self contradicting judgment, in one part of judgment those judges says one thing but then in other part say a totally different and contradicting thing just take reference of all of the corps commander in the judgment which is itself is a big flaw in the judgment as the judge at one stage made all corps commanders responsible for the 3 November, 2007 action of GPM but they also maintain that it was GPM who was the sole responsible ..... I mean what is this ....??? there are many such example one can find in the judgement

In my opinion even both the judges who convicted GPM in Article-6 were aware of the fact that the case is such weak that it would not stand in free and impartial trial, therefore they rather to go by law and to restrain themselves within given mandate wrote legally a weak and contradicting judgment to serve the motive and purpose lies beyond the boundaries of Law and Justice ....

Instead of jumping on the judiciary and legal aspacts of judgement where you should consider the fact that you don't have all the facts and might lack knowledge to be able to comment like an expert, I suggest that you focus on your own contradictions. One place you want to include every single bureaucrat in Pakistan and another place you have objection over even comment on corps commanders role?

How do you address this contradicition to start with? There are many other contradictions in your viewpoint aswell.

But I wonder if you have the courage to respond to a challenge to your views.

 

[messiach]

Fifth generation warfare where you infiltrate both sides and control the war until both sides descend into catastrophic cataclysm. Army should refrain from indulgment, this is an unimplementable decision of no consequence. Its crafted in disguise of 'supermacy of law' but the intent s to pit courts against the defence forces. Who will win & who will loose? the only looser will be pakistan.

Be alert. Dont give in to sensationalism. Avoid and ban such threads. @waz @Horus

Statement on decision by Special court about General Pervez Musharraf, Retired

https://twitter.com/x/status/1206924551394930688

 

[YeBeWarned]

Fifth generation warfare where you infiltrate both sides and control the war until both sides descend into catastrophic cataclysm. Army should refrain from indulgment, this is an unimplementable decision of no consequence. Its crafted in disguise of 'supermacy of law' but the intent s to pit courts against the defence forces. Who will win & who will loose? the only looser will be pakistan.

Be alert. Dont give in to sensationalism. Avoid and ban such threads. @waz @Horus

I agree with @messiach here, such threads needs to closed , also I want to say that a lot of PDF members are abusing PM and Army over their Withdrawal from Malaysian summit , I think posters who are using derogatory remarks about the Govt and army needs to be banned .
@waz @The Eagle @WebMaster

 

[MastanKhan]

Hi,

The military is right in showing the reaction.

Its integrity is being sabotaged by the judiciary at a very critical time when it is about to enter into a war against a 5 times larger enemy---.

Prime minster Imran Khan should have taken the charge of the situation sooner---the moment the chief justice had threatened the prime minister---IK should have had the president fire the Chief Justice right away---.

But the problem of IK started from day one of his govt---his bad choice of the punjab chief minster---the action by his goons against the police officer---his passive & docile nature---and so many other issues that he brought on his own self---.

This case and chief justice's statements are indeed a sabotage on pak military---.

 

[bafxet]

According to law Musharraf is a traitor. But hell with such a law which calls him a traitor.

 

[Irfan Baloch]

Fifth generation warfare where you infiltrate both sides and control the war until both sides descend into catastrophic cataclysm. Army should refrain from indulgment, this is an unimplementable decision of no consequence. Its crafted in disguise of 'supermacy of law' but the intent s to pit courts against the defence forces. Who will win & who will loose? the only looser will be pakistan.

Be alert. Dont give in to sensationalism. Avoid and ban such threads. @waz @Horus

the case itself, its selective nature, the wordings of the verdict, the way it was started etc clearly shows malice , it was revenge not justice.
whether, PTI govt was contradictory and ambiguous or Musharraf defense was ineffective and incapable is another debate.
the purpose is achieved, which is to bring two institutions to a fight.

 

[SIPRA]

the case itself, its selective nature, the wordings of the verdict, the way it was started etc clearly shows malice , it was revenge not justice.
whether, PTI govt was contradictory and ambiguous or Musharraf defense was ineffective and incapable is another debate.
the purpose is achieved, which is to bring two institutions to a fight.

One problem with the law is that if Constitution is abrogated, by a person(s), and that abrogation is legitimized either by parliament and/or by judiciary; can they also be held as abettor to that abrogation?

Second issue is that whether abrogation is a one time action, the initial one or a persistent phenomenon? For example, whether Zia ul Haq abrogated the Constitution, only on July 5, 1977; or he kept on abrogating it, continuously, till his demise? If the second proposition is true; it would surely enlarge the numbers of abettors, to an unimaginable extent.

A third aspect is that, in case of a Martial Law, to which level the military officers would be held as abettor? Can military officers defy and disobey the order of their commanders; thinking that they are not in accordance with the law?