Suspension of new Model Town JIT challenged in SC

Petitioners say new JIT – suspended by LHC – has already completed 80% of its work

ISLAMABAD: The top court has issued notices to all respondents in response to a plea filed against the Lahore High Court (LHC) order to suspend notification of a new investigation team probing the June 2014 Model Town incident.

On June 17, 2014, at least 14 people got killed and over 100 sustained injuries when the Punjab Police opened fire on Pakistan Awami Tehreek (PAT) workers during an anti-encroachment operation outside the residence of PAT chief Dr Tahirul Qadri in Lahore’s upscale Model Town neighbourhood.

The PML-N, which was in power at the time, formed two joint investigation teams (JITs) – one after another – to launch probe into the incident but the PAT complained that the teams failed to record statements both of the injured and the accused.

Later, in December 2018, the PTI led Punjab government formed a new JIT to launch a fresh probe into the incident. The new JIT recorded statements of a number of victims and accused, including the former prime minister Nawaz Sharif.

However, the LHC on March 23, 2019 suspended the Punjab government’s notification “till the final decision of the main writ petition”. A three-judge LHC bench issued the verdict with a majority view of 2-1.

The decision came on a petition that challenged notification for formation of the new JIT that was working under a senior bureaucrat AD Khowaja.

In the order, two LHC judges – Justice Aalia Neelum and Justice Malik Shahzad Ahmad Khan – said under section 19(1) and (1A) of the Anti-Terrorism Act, 1997, only one JIT can be constituted by a provincial government and a second JIT could only be constituted by the federal government.

“Whereas, the impugned notification for constitution of the third JIT has been issued by the government of Punjab which does not fall within the jurisdiction of the said government, it is therefore, prima facie, evident that the impugned notification dated January 3,2019 is illegal and without jurisdiction,” it said.

Challenging the order, the victims’ lawyers Ali Zafar and Zahid Nawaz Cheema appeared before a three-judge bench headed by Chief Justice (CJ) Gulzar Ahmed.  Punjab Advocate General Ahmed Jamal Sukhera represented the Punjab government.

The court was told that a JIT had already completed 80 per cent of the investigation on the basis of facts and had collected information from all the stakeholders.

They said the team had recorded statements of both the complainant and accused. However, the LHC has suspended notification of the JIT as a result of which the investigation process has stopped.

The bench later issued notices to all respondents and adjourned the hearing till Thursday, Feb 13.