In his short order, Justice Mahmood Maqbool Bajwa observed that the petitioners failed to establish their case. However, the judge directed the police to complete investigations before arresting any person named in the Minhajul Quran Secretariat application.
Earlier, a sessions court had ordered police to register murder cases against 21 federal and provincial authorities including Prime Minister Nawaz Sharif and Punjab Chief Minister Shahbaz Sharif. However, Information Minister Pervaiz Rasheed, Defence Minister Khawaja Asif, Railways Minister Khawaja Saad Rafique and Minister of State for Water and Power Abid Sher Ali challenged the order in the Lahore High Court.
During the course of hearing, Minhajul Quran's counsel Mansoorur Rehman Afridi said police had deliberately ignored substantial evidences and statements of eyewitnesses and lodged a one-sided FIR on the complaint of a police official.
Further, Afridi said the FIR registered by the police had no value in the law, adding a bench of Sindh High Court had ordered a third FIR to be registered in the same case.
The joint investigation team (JIT)’s head additional Inspector General Arif Mushtaq also appeared and submitted a report to the judge in his chamber.
Petitioner's counsel Azam Nazir Tarar argued that Pakistan Awami Tehreek (PAT) leaders including Dr Tahirul Qadri refused to join the investigations. Tarar added nobody turned up on behalf of the Minhajul Quran or PAT despite several invitations by police and the joint investigation team (JIT), made by the government for an impartial investigation of the June 17 clashes.
Further, Tarar alleged the petition filed by the Minhajul Quran before the sessions court was politically motivated. “Prime Minister Nawaz Sharif and others named as suspects in the application of Minhajul Quran had no link with the incident,” he said.
Tarar also argued that an ordinance whereby sub-section 6 was added to section 22-A and 22-B of Cr.P.C. had lapsed and the session’s court no longer enjoyed the power to order lodging of an FIR.
Advocate General Punjab Hanif Khatana said the sessions court passed the order without viewing investigation reports of the joint investigation team and police.
However, the LHC dismissed the petitions while also dismissing a petition demanding implementation of the sessions court's order filed by Pakistan Tehreek-e-Insaf leader Zubair Niazi. The judge observed that the petitioner was not the aggrieved party in this case.
COMMENTS (19)
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@John: My dear common man is arrested even without FIR.
fake-all these
.....the government has lost its moral authority to rule.
Nawaz should resign and all the money which he stole must be return to Pakistan and spent on welfare of the citizens of Pakistan. We had to go through the biggest fraud in the nation's history in the latest elections. Nawaz must get Article 6 for high treason!
@Ch. Allah Daad If these people did not come out side to snatch justice then there was no commission, no JIT, no FIR and such decisions by courts and these reports were never be published. Kings of Raiwind have controlled each and every department but these guys have challenged their dictatorship.
If the judiciary upholds the decision, is this a good sign?
Nothing is going to happen, remember its the elite class we are talking about. Read between the lines no arrests till proof is available. Wish such facility be extended to common citizens who are arrested as soon as FIR is launched. This is just a face saving for PAT people and once the dharna is off, we will be back to square one.
The Govt is not smart enough or it would let the FIR get registered. It would be foolish to appeal to the SC as the verdict would be the same and once again the loss of appeal would make it look guilty. It should let the FIR get registered and nothing would be proved. At the same time, proceed with the FIR against Qadri for inciting violence, which is the real cause of the defiance of the writ of the State and the brick batting of the police, which let to the killings.
Its a dream that in Pakistan justice prevails without discrimination. The two Shariff's must not hold their offices any more in order for the law to be uninfluenced. They must be arrested and put into jail until final verdict.
Ruling party has lost its case and should resign on Moral grounds. They must face the judicial system and try to get them cleared per law. In order to have a fair trial a neutral face needs to be on top who will ensure no pressure tactics can be implemented. But, this is Pakistan, and these kind of moral values are Novelties in our part of world.
Punjab CM must resign now as a moral obligation because the police under his influence cannot independently investigate the incident.
For whom the bell tolls...
Now it has been cleared by LHC that CM is directly involved in MT happning. So CM and other nominees should bow infront of Law,as they are the members of law making body in the country.
PM sahib, you are a dignified individual and at this stage the dignified thing to do is to resign and the only right thing to do. Save your legacy, save the dignity of the office, save your party and save democracy.
When our courts are providing justice, we don't need protests and Dharnas. High court decision is a slap on the face of those anarchists who are taking country towards anarchy and civil war.
Did the Police complete investigaton before arresting Musharraf in Akbar Bugti case,BB case,and Lal Masjid case.Did the Police complete investigation befor arresting Zardari in the two murder cases registered against him by the then Nawaz Sharif government?.Why liniency and favour towards Nawaz/Shahbaz group?.