Making report public: LHC sticks to order on Model Town report
Punjab's challenge to single bench order thrown out
A file photo of the Model Town clashes between police and PAT activists in 2014.
LAHORE:
The Lahore High Court refused on Monday to entertain the Punjab government’s appeal against the court-ordered public release of the Model Town report.
As proceedings started on the Punjab government’s appeal against a single bench’s September 21 order, members of the bench observed that the provincial government had raised important questions which required proper answers.
The bench served notices on parties concerned for October 2, but it did not accept the request for immediate suspension of the single bench order.
The full bench is headed by Justice Abid Aziz Sheikh.
Previously, Justice Sayyed Mazhar Ali Akbar Naqvi on September 21 had ordered the Punjab government to make public the inquiry report and immediately hand it over to heirs of the victims.
Punjab challenges LHC verdict to make inquiry report public
Advocate Advocate-General Shan Gull, who appeared on behalf of the provincial government, argued that the single bench had ordered despite knowing that the matter was still pending adjudication before a full bench.
He contended that the government had been deprived of its constitutional right to a hearing.
The respondents, he said, had moved a contempt petition and if the single bench’s ruling was not suspended, the government would face contempt proceedings.
The bench observed that so far, no order was passed in this regard and suspension of the single bench’s order would be examined in case of a ruling in the contempt petition.
It observed that for now, the court orders would not be suspended.
Model Town violence: Is judicial commission report public paper?
Earlier, the cases were fixed for hearing before a full bench headed by acting Chief Justice Muhammad Yawar Ali and including Justice Muhammad Anwarul Haq and Justice Abdul Sami Khan was dissolved after its members recused themselves from hearing the matter.
The bench observed that the proceedings in case of multiple petitions would now be held on a daily basis.
Barrister Ali Zafar, who is representing the victims’ families, assured the court that they would not insist on the issuance of the inquiry report if the bench was taking up the matter on a daily basis.
Later, the court adjourned the hearing till Tuesday (today).
Strict security arrangements had been made after the case was fixed for regular hearing.
The full bench also dismissed petitions filed three years ago in the same matter as withdrawn.
In the appeal, the Punjab home secretary submitted that there were at least eight similar petitions pending before a full LHC bench.
Model Town tragedy: Court spares police chief from ATC appearance
Because of this, he said, the single bench was not empowered to decide on the same issue. The single bench should have referred the matter to the full bench. But now, some petitions were withdrawn.
He argued that the single bench had made an error by holding that the proceedings of the inquiry commission were judicial in nature and ignored the fact that the commission report did not count as evidence under relevant law.
According to him, it was merely a fact-finding exercise meant for facilitating the executive.
He said the commission’s sole purpose was to suggest measures to prevent the occurrence of such incidents in future, adding that it was not mandated to fix criminal or civil responsibility.
He also submitted that the LHC chief justice was not mandated to act as “consultee of the Punjab government” for appointing the inquiry tribunal under the Punjab Tribunals of Inquiry Ordinance of 1969. But, the single bench did not address this legal question, the appellant said.
He said that the single bench did not seek written comments from the government after admitting the writ petition for regular hearing. He requested the court to set aside the single bench’s order.
The Lahore High Court refused on Monday to entertain the Punjab government’s appeal against the court-ordered public release of the Model Town report.
As proceedings started on the Punjab government’s appeal against a single bench’s September 21 order, members of the bench observed that the provincial government had raised important questions which required proper answers.
The bench served notices on parties concerned for October 2, but it did not accept the request for immediate suspension of the single bench order.
The full bench is headed by Justice Abid Aziz Sheikh.
Previously, Justice Sayyed Mazhar Ali Akbar Naqvi on September 21 had ordered the Punjab government to make public the inquiry report and immediately hand it over to heirs of the victims.
Punjab challenges LHC verdict to make inquiry report public
Advocate Advocate-General Shan Gull, who appeared on behalf of the provincial government, argued that the single bench had ordered despite knowing that the matter was still pending adjudication before a full bench.
He contended that the government had been deprived of its constitutional right to a hearing.
The respondents, he said, had moved a contempt petition and if the single bench’s ruling was not suspended, the government would face contempt proceedings.
The bench observed that so far, no order was passed in this regard and suspension of the single bench’s order would be examined in case of a ruling in the contempt petition.
It observed that for now, the court orders would not be suspended.
Model Town violence: Is judicial commission report public paper?
Earlier, the cases were fixed for hearing before a full bench headed by acting Chief Justice Muhammad Yawar Ali and including Justice Muhammad Anwarul Haq and Justice Abdul Sami Khan was dissolved after its members recused themselves from hearing the matter.
The bench observed that the proceedings in case of multiple petitions would now be held on a daily basis.
Barrister Ali Zafar, who is representing the victims’ families, assured the court that they would not insist on the issuance of the inquiry report if the bench was taking up the matter on a daily basis.
Later, the court adjourned the hearing till Tuesday (today).
Strict security arrangements had been made after the case was fixed for regular hearing.
The full bench also dismissed petitions filed three years ago in the same matter as withdrawn.
In the appeal, the Punjab home secretary submitted that there were at least eight similar petitions pending before a full LHC bench.
Model Town tragedy: Court spares police chief from ATC appearance
Because of this, he said, the single bench was not empowered to decide on the same issue. The single bench should have referred the matter to the full bench. But now, some petitions were withdrawn.
He argued that the single bench had made an error by holding that the proceedings of the inquiry commission were judicial in nature and ignored the fact that the commission report did not count as evidence under relevant law.
According to him, it was merely a fact-finding exercise meant for facilitating the executive.
He said the commission’s sole purpose was to suggest measures to prevent the occurrence of such incidents in future, adding that it was not mandated to fix criminal or civil responsibility.
He also submitted that the LHC chief justice was not mandated to act as “consultee of the Punjab government” for appointing the inquiry tribunal under the Punjab Tribunals of Inquiry Ordinance of 1969. But, the single bench did not address this legal question, the appellant said.
He said that the single bench did not seek written comments from the government after admitting the writ petition for regular hearing. He requested the court to set aside the single bench’s order.