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Tuesday March 19, 2024

Model Town incident: CJP announces to form larger bench on PAT plea for JIT

By Amir Riaz
November 20, 2018

LAHORE: Chief Justice of Pakistan Mian Saqib Nisar on Monday announced forming a larger bench to decide the fate of Pakistan Awami Tehreek (PAT)’s petition seeking setting up of a new Joint Investigation Team (JIT) to probe into the 2014 Model Town incident.

A two-member bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar heard the petition filed by Bisma Amjad, whose mother had lost her life in police shootout.

At the outset of the hearing, Pakistan Awami Tehreek (PAT) Chairman Dr Tahirul Qadri, who had come to the court to attend the case, stated that a private complaint before an anti-terrorism court moved by Idara Minhajul Quran, had “gone to zero” since the indictment of former Punjab IG Mushtaq Sukhera.

He pointed out that Sukhera had obtained a stay from the Lahore High Court against the summons by the trial court. However, after the high court withdrew the stay the trial had started from zero as all the witnesses were being testified afresh. He pleaded that there would be no illegality if a new JIT was set up to investigate the incident afresh.

Mr Tarar, however, opposed PAT’s plea, stating that more than 50 witnesses had been recorded in the private complaint. He said that constitution of a new JIT at this juncture would be a futile exercise as an appeal by the PAT challenging a decision of the high court had already been filed in the apex court.

Chief Justice Nisar announced that a larger bench would be constituted to decide the law point whether a new JIT could be formed to investigate a matter already sub judice before a court of law.

He said Justice Asif Saeed Khan Khosa, known for his expertise in criminal law, would be the part of the larger bench. The chief justice observed that the larger bench could also decide the fate of the PAT appeal against LHC decision of declining to summon Nawaz Sharif and others by trial court. He said the larger bench would hear the case at Islamabad seat likely on December 5.

On Saturday, the SC had issued notices to Nawaz Sharif, Opposition Leader in National Assembly Shahbaz Sharif and 137 others nominated in a case lodged by PAT on the application of Bisma Amjad filed invoking on human rights jurisdiction of the court.

The other parliamentarians and bureaucrats nominated as accused by the PAT include Punjab opposition leader Hamza Shahbaz, former law minister Rana Sanaullah Khan, former railway’s minister Khwaja Saad Rafique, former defence minister Khwaja Asif besides others.