LHC seeks govt reply in Model Town JIT case

PAT to challenge CJ’s decision to refer case to a full bench

LAHORE: A full bench of the Lahore High Court fixed April 30 as the date for the Punjab government to submit a reply on petitions challenging the newly-formed joint investigation team to probe the Model Town massacre.

Freshly-appointed Advocate General Punjab (AGP) Ahmad Jamal Sukhaira represented the provincial government after the resignation of Ahmad Awais.

As the full bench, headed by Justice Muhammad Qasim Khan, started proceedings AGP Sukhaira sought time to submit the government’s reply.

Meanwhile, senior advocate Azhar Siddique, representing Idar Minhajul Quran, told the court that his side is also filing a writ petition challenging the constitution of this bench.

Also, petitioner Khurram’s counsel told the court that another JIT could not be formed after the preparation of a report by the first investigation team.

Former AGP Ahmad Awais allegedly yelled in the court when a full bench, on March 22, with a majority view of two to one judges, suspended the operation of an impugned notification of the Punjab government.

Under the notification, a new JIT had been formed for a fresh probe into the 2014 Model Town massacre.

The notification was suspended until a final decision on the main writ petition of the case. The bench, in its order, mentioned that Advocate General Punjab Ahmad Awais, along with dozens of law officers, appeared in court and took possession of the rostrum.

“The AGP started shouting that this court could not pass any interim order without affording him the opportunity of a hearing.” He was warned time and again to control his volume, but he and other law officers kept shouting in court and tried to pressurise it into announcing an order in his favour.

“The conduct of the AGP and other law officers before this court is highly contemptuous. He is directed to submit a reply as to why contempt proceedings under sections 3 and 5 of the Contempt of Court Ordinance 2002, read with Article 204 of the Constitution of Islamic Republic of Pakistan, 1973, may not be initiated against him.”

PAT’s petition

Pakistan Awami Tehreek (PAT)’s counsel has prepared a writ petition challenging the powers of the Lahore High Court chief justice to withdraw a case from a divisional bench and entrusting the same to a full bench.

Petitioner Bisma Amjad is likely to file a writ petition through PAT’s counsel Advocate Azhar Siddique in the coming days. The party’s contention is that a division bench was hearing petitions regarding a newly-formed JIT to freshly probe the Model Town massacre.

However, the LHC CJ’s order, passed on March 8, 2019, sought the constitution of a larger bench. The lawyer contended that the formation of a larger bench for this case was illegal, without jurisdiction and violated the rules of the Lahore High Court. He said this order needs to be set aside.

He raised objections in his petition that when a case has been designated to a bench, it cannot be withdrawn until and unless the bench itself does not forward a request for the constitution of a larger bench. “This was not the case in this matter, therefore, the LHC CJ has no power to withdraw the case from the division bench and entrust the same to a full bench.

He said that in this case, an application was filed on the judicial side but no hearing took place. He further added that the order, passed on March 8, 2019, amounts to withdrawing the case from the divisional bench.

The counsel said a new judge could have been added to the existing bench, but a list cannot be withdrawn from the bench tasked with the matter. “This has been so held categorically by the Supreme Court in its Judgment reported as PLD 2019 SC 183.”

Published in The Express Tribune, April 20^th, 2019.