LHC suggests judicial inquiry into Sahiwal tragedy
Asks JIT head to record testimonies of eyewitnesses
Victims of the Sahiwal encounter.
LAHORE:
The Lahore High Court (LHC) Chief Justice Sardar Muhammad Shamim Khan has suggested a judicial inquiry into January 19 Sahiwal encounter rather than forming a judicial commission to probe into the Counter Terrorism Department’s (CTD) operation that resulted in killing of four people.
Heading a two-judge bench, Justice Shamim on Thursday heard multiple petitions including petitions filed by family members of the victims and some lawyers challenging investigation by a joint investigation team (JIT) and seeking formation of a judicial commission.
The CJ noted that a judicial inquiry by a judicial magistrate could be made part of the trial but a judicial commission would have no such significance. The counsel for victims’ family later sought time to consider the option of judicial inquiry.
The bench also directed the JIT head to record statements of the witnesses presented by the complainant Muhammad Jalil, brother of Muhammad Khalil who was gunned down in the tragedy along with his wife and teenage daughter.
Earlier, Additional Attorney General Ishtiaq Ahmad Khan told the bench that the prime minister had already sought a report from the Punjab government on the investigation into the incident within 48 hours. He sought one-week time from the court so that the process for constitution of a judicial commission may be finalised by the federal government.
The bench allowed the time and also directed the JIT head to appear in person on the next hearing along with record of the case. The case was adjourned till February 14. The law officer told the court that the statement of Assistant Sub Inspector (ASI) Muhammad Abbas has been recorded.
Justice Sadaqat Ali, the other member of the bench, asked how many people had got their statements recorded. “What about the status of statements of eyewitnesses?” he asked. The law officer admitted that no eyewitnesses had given testimony so far. “However, footages of the incident have been sent to the forensic lab,” he said.
Farhad Ali Shah, counsel for one of the victim, Zeeshan, also submitted a list of witnesses comprising names of Dr Nadeem, Mian Amir and Rasheed. The CJ directed the JIT to call the eyewitnesses and record their statements.
The petitioner, Jalil, in his petition contended that a false FIR was registered after the fake encounter portraying the victims as terrorists. However, another FIR was lodged against the CTD personnel after a protest against brutal killing of innocent persons.
The petitioner asked the court to issue an order for constitution of a judicial commission under section 3 of Punjab Tribunals of Inquiry Ordinance 1969 or under section 3 of Pakistan Commissions of Inquiry Act 2017 to dig out facts of the Sahiwal incident. He also urged that court to declare the formation of the JIT illegal and restrain it from investigating the matter.
The Lahore High Court (LHC) Chief Justice Sardar Muhammad Shamim Khan has suggested a judicial inquiry into January 19 Sahiwal encounter rather than forming a judicial commission to probe into the Counter Terrorism Department’s (CTD) operation that resulted in killing of four people.
Heading a two-judge bench, Justice Shamim on Thursday heard multiple petitions including petitions filed by family members of the victims and some lawyers challenging investigation by a joint investigation team (JIT) and seeking formation of a judicial commission.
The CJ noted that a judicial inquiry by a judicial magistrate could be made part of the trial but a judicial commission would have no such significance. The counsel for victims’ family later sought time to consider the option of judicial inquiry.
The bench also directed the JIT head to record statements of the witnesses presented by the complainant Muhammad Jalil, brother of Muhammad Khalil who was gunned down in the tragedy along with his wife and teenage daughter.
Earlier, Additional Attorney General Ishtiaq Ahmad Khan told the bench that the prime minister had already sought a report from the Punjab government on the investigation into the incident within 48 hours. He sought one-week time from the court so that the process for constitution of a judicial commission may be finalised by the federal government.
The bench allowed the time and also directed the JIT head to appear in person on the next hearing along with record of the case. The case was adjourned till February 14. The law officer told the court that the statement of Assistant Sub Inspector (ASI) Muhammad Abbas has been recorded.
Justice Sadaqat Ali, the other member of the bench, asked how many people had got their statements recorded. “What about the status of statements of eyewitnesses?” he asked. The law officer admitted that no eyewitnesses had given testimony so far. “However, footages of the incident have been sent to the forensic lab,” he said.
Farhad Ali Shah, counsel for one of the victim, Zeeshan, also submitted a list of witnesses comprising names of Dr Nadeem, Mian Amir and Rasheed. The CJ directed the JIT to call the eyewitnesses and record their statements.
The petitioner, Jalil, in his petition contended that a false FIR was registered after the fake encounter portraying the victims as terrorists. However, another FIR was lodged against the CTD personnel after a protest against brutal killing of innocent persons.
The petitioner asked the court to issue an order for constitution of a judicial commission under section 3 of Punjab Tribunals of Inquiry Ordinance 1969 or under section 3 of Pakistan Commissions of Inquiry Act 2017 to dig out facts of the Sahiwal incident. He also urged that court to declare the formation of the JIT illegal and restrain it from investigating the matter.