PAT moves SC for summoning Sharifs

Says LHC’s Sept 26 order is a grave miscarriage of justice


Hasnaat Malik October 20, 2018
PML-N government employed brute force, party says in petition PHOTO: FILE

ISLAMABAD : The Minhaj-ul-Quran International, a wing of the Pakistan Awami Tehreek (PAT), has moved the apex court, seeking direction for an anti-terrorism court (ATC) to summon former premier Nawaz Sharif, his brother Shehbaz Sharif and 10 others in connection with the Model Town killings.

Ten people, including women, were killed and more than 61 PAT workers sustained injuries on June 17, 2014 when the then Punjab government led by Shehbaz started a police operation to remove barriers outside the residence of PAT chief Dr Tahirul Qadri at Lahore’s upscale Model Town neighbourhood.

Earlier, a trial court on Feb 7, 2017 and the Lahore High Court (LHC) full bench on Sep 26 rejected the PAT request for summoning Sharif brothers. However, now the Minhaj-ul-Quran’s Jawad Hamid through former LHC judge Mazhar Iqbal Sindhu has challenged the LHC order.

LHC dismisses appeal to summon Nawaz, Shehbaz in Model Town case

The petition contends that the LHC order was against law and facts of the case while the dissenting note of a senior member of the bench for the remand of the case was also not sustainable in the eye of law as sufficient material was available on record to summon the respondents.

It says appraisal of the material had been undertaken by the LHC full bench in an extraordinary depth which was neither required, nor permissible or desirable at this stage. “Sufficient material is available on record to connect the respondents prima facie with the commission of crime to summon for trial.”

It says the criminal roles of respondents in the incident prior to its happening had been brought on the record through solemn statements of the witnesses and by other evidence collected by modern devices and print media.

According to the petition, the PAT chief on April 12, 2014 held a press conference in Canada detailing his schedule of landing in Pakistan for initiating of a movement against the Pakistan Muslim League-Nawaz (PML-N) government’s ‘ruthless policies’.

Model Town massacre: Slapping of witness brings new twist in case

The petition says the PML-N government ‘stood estranged’ and stirred, and through a criminal machination determined to dislodge Dr Qadri’s proposed agenda then on a self-created fictitious subterfuge for the removal of barriers and concrete blocks.

“The police played havoc under the pretext of alleged anti-encroachment drive with the lives of innocent persons and gravely accomplished the will of the PML-N leaders,” it says.

The petition says the barriers, concrete blocks and jersey barriers were placed outside Dr Qadri’s residence on the LHC’s May 19, 2011 order in view of security threats to the PAT chief due to his  ‘comprehensive Fatwa’ against terrorism.

“It is noteworthy to mention here that sixteen police personals were also deputed to keep vigilance there round the clock. No prior notice was ever received by the petitioner or other concerned of the Minhaj-ul-Quran International organisation,” the appeal adds.

It asks why midnight was chosen for removal of the barriers and why heavy machineries, heavy weapons and a large number of policemen were used in an operation which continued for about 12 hours and was continuously captured by the media.

“Respondents are prima facie guilty of the offences of macabre incident hence summoning of them to face trial in the private complaint is just and necessary in the interest of justice. Grave miscarriage of justice has been caused to the petitioner, victims and the families by the LHC order,” it adds.

 

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ