LHC reserves verdict on plea against JIT probing alleged rioting by PTI

PTI’s counsels argue that Constitution has not empowered the caretaker government to constitute any JIT


Rana Yasif April 20, 2023
LHC reserves verdict on plea against JIT probing alleged rioting by PTI

LAHORE:

A Lahore High Court (LHC) larger bench headed by Justice Tariq Saleem Sheikh on Thursday reserved verdict on a plea against the formation of joint investigation team (JIT) established to probe alleged rioting and attack on law enforcement agencies by the Pakistan Tehreek-e-Insaf (PTI) workers and leaders.

In earlier proceedings, the bench had turned down the PTI’s request of granting them an interim relief by restraining the JIT from its work till the decision of this petition.

As the proceedings commenced earlier today, the PTI’s counsels argued that the Constitution has not empowered the caretaker government to constitute any JIT. They argued that they did not want halting the investigation but had challenged the formation of the JIT “which is quite illegal and unlawful”.

To which, Advocate General Punjab (AGP) Shan Gul responded that PTI leaders did not ever appear before the JIT so under which ground, they are challenging its formation.

He argued that the officers of the federal institutions were made part of the JIT following the PTI’s strong reservations on Inspector General of Police (IGP) Punjab.

On a point the AGP Gul raised objection over the prosecutor general arguing he was given the instructions to appear in this case.

Responding to the petitioner’s query, the AGP Gul argued that the Constitution allows the caretaker government to constitute JIT. The caretaker setup could get permission for JIT formation through its cabinet, he further argued.

The petitioner’s counsel argued that the superior courts had underlined the powers of the caretaker governments.

Justice Tariq Saleem inquired why the caretaker government could not constitute JIT when it is empowered to look into the security matters.

The petitioner’s counsel argued that there is a difference between the elected and caretaker governments, adding why the word caretaker was used in the Constitution if there is no difference.

Also read: PTI plea on JIT proceeding rejected

After hearing the arguments, the bench observed that today the only miscellaneous application will be heard and the proceeding on the main case will be conducted after Eid holidays.

PTI’s version

According to the PTI, the incumbent government was lodging multiple FIRs against PTI leaders on the basis of political grudges. Police officials were reluctant to provide details of the FIRs registered against them. When PTI wanted to hold a rally, the government imposed section 144.

PTI had also accused some officials of investigating agencies, including the IGP and CCPO Lahore of murder of PTI’s worker Zille Shah. Now, on the request of additional chief secretary home, the JIT was formed by the government to probe the cases registered against the PTI chief, leaders and workers to probe vandalism and attacks on police.

PTI requested the court to suspend the notification through which the JIT was constituted and it (JIT) further be restrained from rendering its function till the final decision of this petition. It was also requested the court to restrain JIT from issuing any further notice.

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