Stay against JIT on Model Town killings extended

LAHORE:A Lahore High Court three-judge full bench on Monday extended the stay order regarding suspension of the new Joint Investigation Team (JIT) formed by Pakistan Tehreek-e-Insaf-led Punjab government to hold a fresh probe into the 2014 Model Town killings.

As the hearing commenced, a law officer sought two weeks time to furnish reply on behalf of the Punjab government which annoyed the court. Justice Muhammad Qasim Khan, head of the full bench, remarked that government wanted to linger on the case deliberately. “It is highly inappropriate that government has sought two weeks time instead of discharging its duty of rendering assistance to the court, Justice Khan said. He added that government formed JIT but none of its representatives or lawyers appeared before the court.

To it, Advocate General Punjab Ahmed Awais in an apologetic manner said what happened on last hearing was due to misunderstanding. He never intended to commit contempt of court as he had a great respect for courts and judges.

“It is a normal practice that courts’ decisions are challenged to upper forum but it happened for the first time in history that a top government lawyer lost his patience and violated court decorum, Justice Khan reacted to AGP statement, asking him to file in writing whatever he wanted to say.

On March 22, the bench had issued a show cause notice to Advocate General of Punjab (AGP) Ahmad Awais under Contempt of Court Ordinance 2002, for his contemptuous conduct he showed during announcement of its order on JIT.

The three-judge bench in its written order observed, “The conduct of Advocate General and other law officers before this court is highly contemptuous. It shows that the Advocate General and other law officers wanted constitution of Bench of their choice.”

Khurram Rafiq and other police officials, facing trial in the Model Town case, had filed petitions challenging the legitimacy of the new JIT.

Senior lawyers Azam Nazir Tarar and Burhan Moazam Malik represented the petitioners and mainly argued that the Code of Criminal Procedure (CrPC) and Anti-Terrorism Act 1997 did not allow formation of fresh investigation in a case after submission of challan and framing of charges in particular.

They stated that the trial in the Model Town case initiated on a private complaint filed by Idara Minhajul Quran/Pakistan Awami Tehreek was near to conclusion as 86 out of 135 witnesses had been testified before the trial court. They said a judicial inquiry and a JIT had already investigated the firing incident.

During the hearing, an assistant advocate general remained present in the court but he did not come up with arguments saying he was yet to receive instructions from the government side.

Fourteen people were killed and 100 others injured on June 17, 2014, when police opened fire to disperse protesting activists of Pakistan Awami Tehreek (PAT) during an anti-encroachment operation outside the residence of PAT chief Tahirul Qadri.