Model Town case: Counsel told to approach LHC CJ against new JIT

Petitioner’s counsel contends that a larger bench should be constituted to hear the matter


Our Correspondent January 31, 2019
PHOTO: EXPRESS

LAHORE ': The Lahore High Court on Thursday directed the petitioners’ counsel to approach the chief justice for the constitution of a larger bench challenging the formation of a new Joint Investigation Team (JIT) in the 2014 Model Town firing incident.

A police inspector and other officials facing trial in the Model Town incident had assailed the new JIT, pleading that fresh investigation could not be held after the indictment of suspects in a case.

The petitioners’ counsel Burhan Moazam Malik contended that a larger bench should be constituted to hear the matter

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The two-judge bench headed by Justice Muhammad Qasim Khan observed that the power to constitute a larger bench rested with the chief justice of the high court. Therefore, the judge ordered the counsel to approach the chief justice for the required relief.

The petitioners’ counsel had argued that the Code of Criminal Procedure (CrPC) and the Anti-Terrorism Act 1997 did not allow formation of second JIT in the same case.

The counsel pointed out that the trial in the Model Town case was in its final stage as 86 out of 135 witnesses had testified before the trial court.

Moazam said a judicial inquiry and a JIT had already investigated the 2014 firing incident. He said the Supreme Court in its decision had not ordered the constitution of the new JIT but the Punjab government itself agreed to hold fresh investigation into the case.

He asked the court to declare illegal the government’s act of establishing the new JIT for being in violation of the existing laws.
The bench adjourned further hearing on the petitions for a date to be fixed later.

The Punjab home department on January 3 formed the JIT for conducting a fresh probe into the Model Town incident.

Earlier, the apex court on December 5, 2018, disposed of a petition by Model Town incident’s affectees after the government undertook to form a new JIT to probe the case. The new JIT resumed its proceedings and summoned former provincial law minister Rana Sanaullah.

On June 17, 2014, 14 people were killed and 100 others injured after police launched an assault on Pakistan Awami Tehreek supporters gathered outside the residence of PAT chief Tahirul Qadri in Model Town, Lahore.

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