LHC division bench to hear govt appeal tomorrow

LAHORE: The Punjab government on Saturday filed an intra-court appeal in the Lahore High Court, challenging the single bench order to make public an inquiry report into the Model Town killings.

A two-member division bench comprising Justice Abdul Sami Khan and Justice Syed Shahbaz Ali Rizvi would start hearing the petition from Monday.

The Punjab home secretary filed the ICA through Punjab Advocate General, pleading that at least eight petitions of the similar nature were pending adjudication before an LHC full bench, and in such circumstance the single bench was not empowered to decide the issue. The single bench should have referred the same to the full bench, said the ICA.

The ICA pleads that the single bench made an error in law by holding that proceedings, and ignored the fact that commission report had no evidentiary value and did not count as evidence under the relevant law.

Moreover, the proceedings of the commission were not judicial in nature as it was merely a fact finding exercise, meant for facilitation of the executive.

The petitioner says that sole purpose of the commission was to make recommendation to prevent happening of such incidents in future and it was not mandated to fix criminal or civil responsibility on any person.

The commission was appointed by the state for its own information and its report was not meant to share with anyone else.

The chief justice of the Lahore High Court was not mandated to act as a consultee of the Punjab government for appointment of an inquiry tribunal under the Punjab Tribunals of Inquiry Ordinance 1969. However, the single bench did not address this legal question, the appeal says.

The petitioner further says that the single bench did not seek written reply/comments from the government after admitting the writ petition for regular hearing.

The petitioner prays the court to set aside the single bench Sept-21 judgement.