Sahiwal tragedy case: Govt reply sought on formation of judicial commission

LAHORE: The Lahore High Court (LHC) on Monday observed that the court no longer held the power to form a judicial commission to investigate incidents like Sahiwal killings as the same now vested with the federal government.

A LHC division bench headed by Chief Justice Sardar Muhammad Shamim Ahmed Khan heard a joint petition against the Sahiwal joint investigation team (JIT) and the need for a judicial commission and said that “the decision to initiate a judicial inquiry cannot be taken by the courts”.

The CJ observed that it was the responsibility of federal government to resolve the Sahiwal killings case.

When the petitioners’ counsel, Barrister Ehtesham, referred to the Model Town judicial commission as a precedent, the LHC chief justice said, “There was no such provision now as the law had since been changed.”

"The law has been changed and the federal government now holds the power to order the creation of a judicial commission," said CJ. He ordered that the court be informed about the steps to be taken for the formation of a commission, adding that the testimony of the family members of the deceased be recorded.

The judge directed that a response from the government on resolving the case should be presented in the next hearing and adjourned the hearing until February 7.

Earlier, the chief justice snubbed JIT head DIG Aijaz Shah for failing to present the investigation report in the court. Justice Khan remarked that “the Sahiwal killing probe was a case of particular significance and censured the investigation team for its failure to follow court orders”.

Later, the joint investigation team's initial report was presented to chief justice.

The government's lawyer stated that the JIT had collected all the evidence in the case and recorded all the statements.

"Tell the court what evidence has been collected so far," the chief justice asked and directed law officer to prepare a list of all evidences and provide the same to the court in writing.

"Who sends the counter-terrorism department to conduct an operation?" the LHC chief justice asked while also inquiring about the arrest of the officer who gave the orders [for Sahiwal operation] and the other suspects involved in the case.

The petitioner's lawyer said "While 16 people were involved in the case, only five have been arrested."

The head of the JIT informed the court that the officer who had given the orders for the operation was suspended and made part of the investigation. "If someone tries to change the record, you will all be in jail," warned the chief justice.

During the course of hearing, chief Justice also showed displeasure over non-appearance of inspector general police and remarked that whether court’s previous order had been circulated and enforced. To which, law officer told the court that directions had been issued to all DPOs to avert occurrence of Sahiwal like incident in future.

Four people, including three members of a family, were killed in an alleged encounter in Sahiwal on January 19. CTD personnel had said they had killed a local commander of Islamic State or Daesh and three others in the operation.

However, eyewitnesses and three children, whose parents were killed, disputed the claim.

The incident sparked a national outcry and prompted the PM to order an investigation into the killings.

Chief Minister Usman Buzdar and Punjab Inspector General (IG) Amjad Javed Saleemi have been made respondents in the petition.

The Punjab government has ruled out the possibility of formation of judicial commission with Buzdar saying that the government was satisfied with the “transparent” proceedings of the JIT.

However, the families of the victims have been continuously demanding the formation of a judicial commission, maintaining that the findings of the JIT are “not satisfactory”.