Supreme Court stops K-P from forming judicial commission on Mashal lynching

JIT, police to continue investigation and examine every piece of evidence, including videos circulating online

ISLAMABAD: The apex court has stopped the Khyber-Pakhtunkhwa (K-P) government from forming a judicial commission to probe Mashal Khan’s lynching.

A three-judge bench of the apex court, headed by Chief Justice Mian Saqib Nisar, also sought an explanation from the K-P government on why a commission led by serving judge has been formed to probe the incident.

The bench observed that police are already looking into the case and could conduct an expedited investigation into the incident.

 

 

 

 



"When a forum already exists for investigation, why did chief minister [Pervez Khattak] announce this (formation of the judicial body)?" the chief justice asked. He said the judiciary is already burdened with a number of cases. "We cannot burden it further."

The bench has asked the Joint Investigation Team (JIT) to continue looking into the case. The top court began hearing the case on Tuesday after Chief Justice of Pakistan (CJP) Saqib Nisar took notice of Mashal’s brutal murder on April 15.

The K-P additional advocate general told the bench that the police have nominated 28 suspects, 24 of whom have been arrested. He elaborated that 20 persons were nominated in the initial FIR while eight names were added later.

During the hearing, the Chief Justice referred to Mashal’s murder as “an unfortunate incident for Pakistan”.

 



The CJP said they wanted a transparent investigation into the lynching and stressed that no one would be allowed to use the judiciary for political motives. He also suggested that, if required, the K-P IG involve military officials in the investigation.

The CJP assured K-P IG Salahuddin Mehsud that the entire judiciary and nation were behind him when it came to carrying out a fair and transparent investigation.

In clear reference to a video showing a group of alleged witnesses taking an oath to conceal the names of Mashal’s killers that went viral on Tuesday, the chief justice asked the JIT to carefully examine every piece of evidence present, including the ones being revealed on social media.

During the hearing, Justice Umar Ata Bandial observed that there was an ulterior motive behind Mashal’s killing “which must be unearthed”.

 



Meanwhile, Mehsud told the bench that a JIT headed by a superintendent of police (SP) and comprising Intelligence Bureau and police officials has been formed to probe the incident.

He informed that their investigation was 80 per cent complete and a charge sheet would be submitted once the investigation is over.  The IG requested the bench to direct the trial court to expedite the trial.

The chief justice noted that some of the confessional statements from suspects in the Mashal murder case were circulating on social media, and also asked the K-P police to issue a press release to present established facts before the public. The bench asked the police to submit weekly reports before adjourning the hearing till April 27.