Sahiwal tragedy: LHC offers judicial inquiry

LAHORE: The Lahore High Court (LHC) on Thursday offered victim families a judicial inquiry into Sahiwal killings as the authority to form a judicial commission to investigate the tragedy rests solely with the government.

The LHC was hearing petitions filed by victim families, including Khalil's brother, Jalil, against the decision of not constituting a judicial commission to probe the Sahiwal incident. The petition stated that "Khalil had been wrongly termed a terrorist. He was innocent and was not involved in any criminal activity".

It further argued that "a judicial commission should be formed to probe the Sahiwal incident and a case should be registered against those responsible for the death of Zeeshan and three others".

LHC Chief Justice Sardar Muhammad Shamim Khan said: "If the victim family wishes the court can order a judicial inquiry into the incident". A magisterial court could hold an inquiry and submit report and it could be made part of the trial case whereas the judicial commission's report could be used against the accused in trial.

Jalil, brother of victim Khalil, sought time to consider the offer.

The bench ordered the JIT formed to probe the killings to summon eyewitnesses and record their statements.

It further asked the government to inform the court about its decision regarding the formation of a judicial commission within a week.

The additional attorney-general told the court that the federal government was waiting for a report on the case from the provincial government.

"Prime Minister Imran Khan has sought a report from the Punjab chief minister in the next 36 hours, the law officer added. He pointed out that the government would consider forming a judicial commission if the report was found unsatisfactory.

The law officer informed the court that the victim's heirs were not the ones who had sent the federal government an application regarding the formation of a judicial commission.

This irked the court and it remarked: "It is not necessary that the application be from the victim's family.

"You keep saying that a lot has been done [in the investigation], but no work has been done on paper," Justice Sadat Ali Khan complained.

"Police should record the statements of the people present at the scene of the crime," the judges ordered.

The court also directed the federal government to present its report regarding the formation of a judicial commission on Feb 14 and adjourned the case.

Justice Khan remarked that "the Sahiwal tragedy probe was a case of particular significance and censured the investigation team for its failure to follow court orders".

The bench gave the federal government four days to submit comments on the matter of forming a judicial commission.

Meanwhile, the family of Zeeshan - one of the victims of the Sahiwal encounter - submitted an application to become a party to a petition seeking formation of a judicial commission to replace a joint investigation team probing the case.

The Punjab government has maintained that since Zeeshan was suspected of having links with Daesh, while the others were "collateral damage".

A two-judge bench headed by LHC Chief Justice Sardar Muhammad Shamim Ahmed Khan told Zeeshan's heirs - whose appeal to become party to the petition was heard Thursday - that the government, if it wished could form a judicial commission under a district and sessions judge.

The court also directed the federal government to present its report regarding the formation of a judicial commission on Feb 14 and adjourned the case.