SC moved for PIC attack probe

Petitioner seeks formation of judicial commission


Hasnaat Malik December 13, 2019
The Supreme Court of Pakistan. PHOTO: AFP

ISLAMABAD: An advocate on Thursday approached the Supreme Court requesting the formation of an impartial judicial commission comprising retired judges to investigate into the lawyers’ attack on the Punjab Institute of Cardiology (PIC) in Lahore.

Tariq Asad, the petitioner, wants the commission to fix the responsibility in accordance with the law without fearing or favouring anyone.

The advocate filed a constitutional petition in the apex court citing the federal government, the home secretary and the IG Punjab as respondents.

The petitioner requested the suspension of the licenses of the lawyers, who “crossed the limits of decency” and have been arrested or may be identified.

“[They should] be dealt with in accordance with law and cases of murder and damaging the property be registered against them,” the petition read.

The petitioner stated that the matter should be resolved by the apex court as the lawyers of Lahore could not be controlled by the law enforcement agencies or even the judges of the Lahore High Court.

“The assembly of lawyers for [their] ulterior motive to sabotage the law and order situation in the country and to attack physicians and paramedical staff was against law and in violation of Article 16 of the constitution,” he stated.

“Holding of [an] unlawful procession and demonstration described was prejudicial to law of the land creating hazards of life causing several deaths was in violation of Article 9 and 14 of the Constitution of Islamic Republic of Pakistan, 1973.”

The advocate further contended that all the lawyers joining the unlawful assembly and the procession to attack the hospital and its staff and causing the damages of assets were liable for their criminal acts.

“The object of such unlawful steps taken by the leaders of the bar was point scoring for the bar elections to be held in [the] near future. The elections of bar have become a mafia as these are intended for gains by investing huge money. The winning office-bearers get relief of their choice from the judges who are scared of them as mentioned hereinabove in another incident of 2010.”

The advocate further stated that the office-bearers of Lahore Bar Association constituting unlawful assembly and leading the procession with mala fide intentions were liable for the losses and deaths and miseries caused to the patients and their relatives in the hospital and they may be alleged as the principal accused.

“Attacking and trespassing in an unlawful manner in the premises of [a] hospital and interfering in their [doctors’] legal obligations and functions is entirely against the law and the constitution, he maintained.

“No one is above law and in order to uphold the dignity of the bar and bench and rule of law, the decisions in such controversies ought to be made without fear and favour in the interest of justice so that such an atmosphere may be created in which all the citizens including the judges may be able to perform their legal obligations and functions in a peaceful and independent manner without fear and favour.”

The lawyer requested that the strikes called by lawyers may be declared against the law and all the judges and presiding officers are directed to sit the courts in such circumstances.

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