Testimonies recorded in Quetta blast inquiry

Senior provincial law official says commission will submit its fact finding report before a three-judge SC bench

ISLAMABAD: The judicial commission probing the August 8 suicide blast on the premises of a Quetta hospital has recorded the statements of all 42 witnesses. In the tragic incident, more than 70 people, mostly members of the legal fraternity, were killed and 130 sustained injuries.

A senior official in the provincial government told The Express Tribune that the Supreme Court’s one-man judicial commission comprising Justice Qazi Faez Isa on Wednesday resumed its proceedings in Islamabad and recorded statements of the last two witnesses.

The Punjab Forensic Science Agency submitted its report while Shoaib Kasi, brother of deceased Bilal Kasi advocate, also gave his statement.  Bilal Kasi, the president of Balochistan Bar Association, was gunned down in the morning of August 8 and the members of legal fraternity mowed down in the suicide blast had gathered at Quetta’s Civil Hospital to receive his body.

“From September 17 to October 13, the commission sat in Quetta, where it recorded statements of different witnesses including lawyers, senior officials, doctors and a freelance journalist. Balochistan’s inspector general police and chief secretary were also summoned to give their statements,” he said.

The official said though the commission has recorded statements of all witnesses but it may still summon any more people till completion of its tenure, which is December 5.

A senior provincial law official said the commission will submit its fact finding report before a three-judge SC bench, headed by Chief Justice Anwar Zaheer Jamali. “It will be at the bench’s discretion whether it wants to make the commission’s report public or not.”

The Supreme Court Bar Association (SCBA) former president Kamran Murtaza, who has witnessed almost the complete proceedings of the case in Quetta, believes that the commission’s findings may be dreadful for the Balochistan government.

Another lawyer said the provincial government officials including advocate general has faced a tough time during the commission’s proceedings in Quetta. Earlier, the Balochistan government had challenged the top court’s October 6 order to form the commission.

In its review petition the provincial government had requested the SC to review its October 6 order and recall it to the extent of constitution of an inquiry commission headed by a judge of the Supreme Court.

“As evident from the poignant letter written by Justice Isa soon after [August 8] incidents, the judge is very deeply and painfully affected by the martyrdom attained and injuries suffered by the lawyers of whom many his lordship also refers to as friends.

“As such, it is humbly submitted with the utmost respect that nomination of his lordship as the commission for inquiry into the incident of 08-08-2016 may not be appropriate in the eyes of the  law,” the petition said.

The Balochistan government also objected to not being given any prior notice or adequate opportunity to be heard in this matter. It also pointed out that the Balochistan High Court had not moved any application requesting for the formation of a judicial commission.

It said it had already formed a joint investigation team to probe the August 8 incident and expressed concern that any parallel inquiry would likely frustrate that investigation.

“In case the inquiry contemplated by the court’s October 6 order is conducted, it would set a precedent which could seriously jeopardise the entire criminal justice system in the country.”

The review petition contended that there is no provision of law which confers jurisdiction on this court to establish or nominate a commission for holding an inquiry in relation to an incident involving criminal offence.

The provincial government also voiced concern that “neither the precise powers to be exercised by the commission nor its terms of reference have been specified in the court’s October 6 order.”

However, the legal team of provincial government withdrew its review petition, when the bench on October 19 observed that it is at discretion of the court to make the commission’s findings public.

Published in The Express Tribune, November 24^th, 2016.