Model Town case: SC larger bench to review PAT re-investigation plea

Five-member bench to conduct first hearing on December 5

LAHORE: The top court on Monday ordered constitution of a larger bench to decide the question whether a new joint investigation team (JIT) could be formed to re-investigate the June 2014 Model Town massacre at the present stage when trial of the case is already pending in a court.

A two-judge Supreme Court bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, was hearing an application seeking constitution of a new JIT to probe into the incident in which 14 Pakistan Awami Tehreek (PAT) workers were killed and dozens were injured.

The PAT chief Dr Tahirul Qadri contended that there is no progress in the proceedings at the Anti-Terrorism Court (ATC) on a complaint moved by Idara Minhajul Quran, an affiliate of the PAT.



He said one of the suspects, Punjab former inspector general of police Mushtaq Ahmad Sukhera, had already secured a stay from the Lahore High Court (LHC) on summons by the trial court. He contended that there was no harm if a new JIT was established to investigate the incident afresh.

On Monday advocates Zahid Bokhari and Azam Nazir Tarar – representing former premier Nawaz Sharif and other accused – sought time from the court to give arguments against formation of a new JIT.

Tarar said testimonies of more than 50 witnesses had been recorded on the PAT’s private complaint. He pointed out that an appeal by the PAT had already been filed in the apex court challenging a decision of the high court on the subject matter.

Later the CJP Nisar announced that a larger bench would be constituted to decide whether a new JIT could be formed to investigate a matter already sub judice before a court of law.

He said Justice Asif Saeed Khosa, known for his expertise in criminal law, would be one of the members of the larger bench. “The larger bench would hear the case at Islamabad seat most likely on December 5,” he said.

Earlier, the SC had issued notices to Nawaz Sharif, Punjab former chief minister Shehbaz Sharif and 137 others nominated in the case lodged by the PAT on the application of Bisma Amjad, who had invoked the human rights jurisdiction of the court.

The prominent Pakistan Muslim League-Nawaz leaders nominated as accused include Punjab Assembly Opposition Leader Hamza Shehbaz, former Punjab law minister Rana Sanaullah, former railway’s minister Saad Rafique, former defence minister Khawaja Asif, former information minister Pervaiz Rashid, former state minister Abid Sher Ali and former interior minister Chaudhry Nisar Ali Khan

The petitioner had also nominated Punjab CM’s personal secretary Syed Tauqir Shah, former home minister Azam Suleman and then Lahore Commissioner Rashid Mahmood Langrial. .



The accused police officers include former Punjab IGP Sukhera, former DIG Operations Lahore Rana Abdul Jabbar and then SP Security Salman Ali Khan.

On September 26, a three-judge LHC bench dismissed – with a majority decision of 2 to 1 – two criminal revision appeals challenging a trial court’s decision on a private complaint by the PAT to the extent of non-summoning of twelve accused including PML-N’s leaders and bureaucrats.

At least 14 persons were killed and over 100 injured during an ‘anti-encroachment’ operation outside the Model Town residence of the PAT chief Dr Tahirul Qadri on June 17, 2014. Jawad Hamid of the PAT had filed the private complaint before the trial court.