The Lahore High Court (LHC) has turned down a request by the Pakistan Tehreek-e-Insaf (PTI) party to grant it an interim relief by suspending the investigation being carried out by a Joint Investigation Team (JIT) into alleged rioting by the party workers and leaders.
The court will take up the matter again today (April 20).
The Punjab caretaker government on March 23 formed a six-member JIT to investigate 10 cases registered against PTI workers and leaders for allegedly attacking police, killing a PTI worker, Zille Shah, and creating law and order situation outside PTI chief Imran Khan’s Zaman Park residence on March 14.
The JIT was to conduct and finalise investigation into the cases and submit a detailed report on how the PTI workers and leaders allegedly created hurdles for the law enforcers who were complying with court orders.
The PTI on April 5 approached the LHC and as many as 11 PTI leaders, including Imran Khan and Fawad Chaudhry, filed a petition against the JIT after it summoned various PTI leaders including Imran to get their testimonies.
On Wednesday, the court proceedings took place in two phases.
At first, a division bench led by Justice Sheikh heard the matter. The bench later referred the case to LHC Chief Justice Muhammad Ameer Bhatti for the constitution of a larger bench.
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CJ Bhatti constituted a larger bench, also led by Justice Sheikh which took up the plea.
Punjab Advocate General Shan Gul and Additional Advocate General Ghulam Sarwar Nihung appeared on behalf of the Punjab government while Deputy Attorney General Allah Dita Naseem appeared on behalf of the federal government.
Fawad Chaudhry and Sikander Zulqarnain represented the petitioners.
As the proceedings commenced, Fawad, who is also the PTI’s senior vice president, presented details of the cases registered against the party leaders.
He described the contents of the FIR registered against them as a mockery of justice. Fawad Chaudhry said he was not present in Lahore on March 14 when police tried to raid Imran Khan's residence in Lahore.
When Justice Sheikh asked as to how many cases the JIT was investigating, Fawad said the JIT was investigating ten cases, adding that "each FIR is more ridiculous than the other."
"It is the first time that we saw petrol bombs made from plastic bottles. These bombs were exhibited during a press conference held by the Punjab caretaker chief minister and the inspector general police (IGP). He revealed that some PTI workers are still missing.
"The IGP had told this court earlier that FIRs had been registered against 2,500 unknown persons. The IGP had said that the police were ready to arrest the entire Lahore to identify those unknown people.
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"The police are adamant to hold the PTI responsible for the killing of one of its own worker Zille Shah, whose postmortem report confirms that he died due to police torture," he said.
When Justice Farooq Haider, a member of the bench, asked if the JIT’s formation was in accordance with law, the PTI’s counsels said the JIT was illegal and unlawful. The law officers, however, argued that the JIT was formed in accordance with the law.
Justice Haider asked if the Punjab government could include federal officers in the JIT when they were neither on the payroll of the provincial government nor on deputation.
The six-member JIT includes officials of the Intelligence Bureau, the Inter-Services Intelligence and the Military Intelligence.
Punjab Advocate General Shan Gull argued that federal and provincial officers could work together under the Anti-Terrorism Act (ATA), 1997.
He said he had a 10-year experience in dealing with cases filed under the ATA.
Fawad Chaudhry requested the court to grant them interim relief by suspending the investigation undertaken by the JIT till the court delivers a judgement on the petition.
He also asked the court to restrain the JIT from performing its function. The bench, however, turned down this request, adjourning the matter till April 20.
PTI’s version
According to the PTI, the incumbent government lodged fake FIRs against the PTI leaders. Police officials were reluctant to provide details of the FIRs. It said when the PTI wanted to hold a rally, the government imposed section 144.
The PTI had also accused some officials of investigating agencies, including the IGP and CCPO Lahore of murdering a PTI’s worker, Zille Shah.
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