Prove or get punished: SC

LAHORE: The Supreme Court (SC) on Sunday constituted a separate Joint Investigation Team (JIT) to probe the claims by an anchorperson that Imran Ali, the prime suspect in seven-year-old Zainab rape and murder case, possessed bank accounts.

TV anchor Dr Shahid Masood had also claimed that accused Imran was a member of an international pornography racket, and he was being patronised by a Punjab minister and government officials.

A three-member SC bench, led by Chief Justice Mian Saqib Nisar, conducted a suo motu hearing into the Zainab case at the SC Lahore Registry on the weekly holiday. The bench included Justice Manzoor Ahmed Malik and Justice Ijazul Ahsan.

The chief justice ordered the anchor, who was present in the court, to appear before the newly-formed JIT and present evidence to prove his claims. The JIT will be led by Federal Investigation Agency (FIA) Director General Bashir Ahmed, while two other members of the team would be announced later, the CJ said.

The chief justice, however, clarified that the Bashir Ahmed-led JIT would operate separately from the one formed earlier by the Punjab government. "The Muhammad Idrees-led JIT will only investigate the murder case," the chief justice said, adding that the new JIT would focus on Dr Shahid Masood's allegations.

The court ordered that investigations into the case should be completed as soon asfiled in the trial court for commencement of trial against the accused. Moreover, Punjab Prosecutor General Ehtesham Qadir was tasked to personally monitor the case progress and submission of charge-sheet.

At the same time, the court barred Muhammad Amin, the father of Zainab, and his lawyer Aftab Bajwa from holding further press conferences or media talks. Zainab's parents had arrived at the SC shortly before the bench began the hearing.

As the hearing started, the anchorperson appeared before the court and got into heated argument with the chief justice when asked to prove his claims through evidence. The video of the anchorperson’s Thursday's media talk outside the Supreme Court in Islamabad was also played.

The anchorperson had claimed during a late night show that Zainab's suspected rapist and murderer was a member of a pornography gang, which also included a Punjab minister. During the previous hearing, Dr Masood had also told the court that the suspect had 37 foreign accounts.

His claims about the bank accounts, however, were rejected by the State Bank of Pakistan (SBP) in its report to the JIT that was formed earlier by the Punjab government to probe the rape and murder of Zainab.

"You said there is evidence of 37 accounts, please present it," the chief justice asked the anchorperson. "Do not talk about unrelated matters; give us proof of the bank accounts," the chief justice insisted to the anchor.

The anchorperson went on to say that several other people are involved in the case, adding that the post-mortem of the victim and DNA tests of suspects were not conducted the right way.

"There’s a cover-up," claimed the anchorperson, and asked the court to inquire from the police where the victim was kept before being killed. Instead of giving a satisfactory reply, he started questioning the chief justice's own practices. At this, Chief Justice chided the anchorperson for levelling baseless allegations.

"Your statements are based on hearsay," the chief justice remarked, adding that he saw the anchorperson's show at midnight and called him next morning. "What you said [in your show], you have failed to prove [in court]," the chief justice observed.

"If the statements you have made turn out to be true, we will give you the medal for number one journalist." "If your news turns out to be untrue, you cannot even imagine what will happen," the chief justice warned.

"The accounts you mentioned don’t exist. Give evidence and I’ll present you a certificate of honesty," the chief justice remarked. When the anchorperson said he would ask for leaving the court if it continues doubting his claims, the chief justice retorted that he would not be allowed to go anywhere and be placed on the Exit Control List.

"They are trying to protect the gang that they have nurtured," he alleged. "Are you aware that these allegations can change the direction of the investigations?" the chief justice asked the anchor.

The court told the anchor that they could order his name to be put on the Exit Control List, saying that he would have to appear before the JIT formed by the court. The CJ told the anchorperson that he could b awarded punishment under three laws, Anti-Terrorist Act (ATA), Pakistan Penal Code and Contempt of Court law.

Addressing victim Zainab's father, Amin Ansari, the court asked him to cooperate with the police. The chief justice also asked Zainab's father to inform his court reader if he ever wants to get in touch.

Amin Ansari told the court that the suspect should be severely punished so that no such crime is committed ever again. He demanded legislation to allow the suspect's public hanging after the chief justice said the law does not permit it.

Ansari said, "If the Parliament can make laws to allow a disqualified person to head a political party, why can't it do this". At another point during the hearing, the chief justice expressed remorse and regret at the incident, saying that as a nation and institution, he is embarrassed.

Addressing to Dr Muhammad Ashraf Tahir, director general of the Punjab Forensic Science Agency (PFSA), the CJP asked him to use all modern technology and devices to quickly complete the investigation.

"You are a capable person and I am depending on you quite a lot," the chief justice told Tahir. Chief Justice Nisar added that his personal number will be provided to the DG so that the latter may contact him in case of any problems with the probe.

"If there is any problem, please inform me, as well," Zainab's father was told. Punjab Inspector General of Police Arif Nawaz Khan, head of the joint investigation team probing Zainab's murder, Additional IG Abu Bakar Khuda Bakhsh, and chief secretary of Punjab, Khizer Hayat, were also present in the court for today's hearing.

Moreover, during the hearing, the chief justice ordered stopping the practice of forming judicial commissions, observing that matters go into the backburner when such commissions are formed.

"No one will make a commission in the future as conducting an investigation is the right way to probe a case," the chief justice observed. The chief justice then barred the prime minister and chief ministers from forming judicial commissions and observed that no one should contact him in this regard anymore.

The court had also summoned on Sunday the heads of several news organisations as well as senior journalists to assist the court with regards to the anchorperson's claims and the way forward.

Appearing before the bench, Zia Shahid of the Council of Pakistan Newspaper Editors said that if neutral investigations are conducted, the truth behind Masood's allegations can be unveiled. He noted that several incidents of child pornography have been reported.

When asked by the chief justice about his opinion regarding the formation of a JIT by the court, Dr Shahid said "an independent JIT should be formed". Arif Nizami, former editor of The Nation and founder of Pakistan Today, told the court that if Masood's allegations are not true, the statements he made regarding the case would be "equivalent to the death of journalism".

Anchorperson Hamid Mir, however, stated that if Masood's allegations are proven to be incorrect, he should be allowed to seek forgiveness. "Journalists make mistakes. He should be given the right to seeking forgiveness," Mir said in court, later tweeting that Masood "missed his chance to admit mistake and apologise".

Senior journalist Suhail Warraich said the law has punishment for telling a lie in the court, but the punishment for one lie should not persecute entire truth. He said any court verdict should not curb the press freedom.

The CJ said that if there is no democracy in the country, he would not be able to stay on his post. He said the press freedom also strengthens the institution of judiciary. Senior journalist Mazhar Abbas said journalist himself is not a news story, and a story should not be run without verification.

The chief justice said that a bench has been formed which will look into all (media related) matters. Senior journalist Salim Bukhari, speaking in the court, said Dr Shahid should be given a chance to apologize. He said that with this report, the world echoed with talk about a network in Pakistan. The fear that this report generated could be managed, but there is a question mark about the impression it created about Pakistan in the world.

Senior journalist Zia Shahid suggested creation of an independent JIT. Syed Fahd Hussain said the role of media should be clear, and creation of JIT is a welcome step that would affect journalism positively. Kamran Khan said how a common man would guard his honour when even the chief justice, the army chief and the prime minister were not spared.

Anchorwoman Asma Shirazi it was psychological terrorism which needed to be curbed. Another anchorwoman Nasim Zahra said court should decide about Dr Shahid without consulting with media people. Mian Amir Memood said there shouldn’t be such people who stage spectacle on media.

Anchorperson Kashif Abbasi said no news channel in the world broadcasts false news, and if it happens the journalist is sacked. When a TV journalist Arif Hameed Bhatti said politicians’ inappropriate talk against judiciary goes unnoticed, the chief justice remarked that when it comes to taking a notice, no power would be able to stop them (court).

The chief justice appreciated all media owners and anchors for assisting court. After the hearing, senior journalists, before leaving court premise, kept convincing Dr Shahid to apologize but he remained adamant.

Adjourning the hearing, the chief justice directed the authorities concerned to submit the charge-sheet against the accused in two weeks and provide security to the victim's family. The chief justice remarked that he will not spare the relevant officials if the suspect is not brought to justice.

Talking to the media outside the court, senior journalist Hamid Mir said they asked the court to allow the anchorperson, who is sticking to his claim and asking for more time to present evidence or apologise by the day's end.

The anchorperson informed the court that it is a developing story, Mir told the media. Punjab Chief Secretary Zahid Saeed, Punjab Advocate General Shakeelur Rehman, Attorney General Ashtar Ausaf Ali and the police team investigating the rape and murder incident were also present in court today.

Zainab was kidnapped on January 4 in Kasur and found dead five days later from a garbage pile. The post-mortem revealed Zainab had been raped and murdered. Later, the authorities succeeded in nabbing the suspect, Imran, said to be a serial killer involved in several similar cases in Kasur.