Inquiry report blames top guns

Inquiry report into police-lawyers clash at Aiwan-e-Adl says LHC CJ, Punjab CM and chief secretary behind scuffle.

ISLAMABAD: An apex court judge said on Tuesday that the judiciary was not tilted towards one side or the other and the sole aim of suo motu notices was dispensing justice, in reference to last month’s Lahore incident where the police used brute force against lawyers at Aiwan-e-Adl.

Justice Khalil-ur-Rehman Ramday made these remarks during the hearing of a case concerning the ugly incident which the apex court initiated on its own.

Earlier, the committee tasked to inquire into the episode presented its report before the three-member SC bench headed by Chief Justice Iftikhar Muhammad Chaudhry.

Kazim Malik, vice-chairman of Pakistan Bar Council and a member of the committee submitted that Lahore High Court chief justice, Punjab chief minister and Punjab chief secretary are behind the scuffle between the lawyers and police. “With their support, police used brute force against lawyers,” Malik submitted, adding that police entered the Awan-e-Adl for the first time in history. “You have been tasked to resolve the matter, not to flare it up,” Justice Ramday cautioned.

Malik submitted that the role of police in the case is controversial, adding that an application was moved in an Indian court against its chief justice which was disposed of and similarly in this case the chief justice of Lahore High Court is involved.

He requested the bench to initiate proceedings in light of the investigation report and “this must also be inquired as to who ordered police to use force on lawyers and who ordered to register cases under anti-terrorism act against the lawyers”. He pleaded that the chief justice himself should intervene in the matter for its peaceful resolution.

The chief justice praised the effort put in by the inquiry panel, also including Mian Allah Nawaz and Ali Ahmed Kurd, and said “we are part of the bar and bench and no-one should be allowed to disgrace the bar”.

“We were hurt when watching such incidents and that’s why we took (the suo motu) notice,” Justice Chaudhry observed.

Justice Ramday clarified that the court is not backing either party, adding “we took notice to ensure justice”.

However, Kazim Malik kept insisting that the bench initiate proceedings and decide the matter on merit. “If the measure is not taken the situation would aggravate further”.

He submitted that Punjab Chief Minister Shahbaz Sharif was overriding the issue and dictating that “such words” should be omitted from the report “such words should be written in such a way” while the report was being compiled.

The chief justice asked him to meet with LHC Chief Justice Khawaja Sharif and others and whatever you decide “will be acceptable to us”.

Justice Ramday remarked that the committee was constituted to resolve the issue, not to flare it up and you should resolve it now”.

The court adjourned the hearing till October 29 and summoned the inspector general of Punjab on that date. He could not appear on Tuesday because of his engagement at the passing out parade in Sihala.

Published in The Express Tribune, October 20^th, 2010.