LHC displeased over absence of AGP in Model Town JIT case

LAHORE: A Lahore High Court full bench on Wednesday showed displeasure over the absence of Advocate General Punjab (AGP) Ahmad Jamal Sukhera in proceedings against a Joint Investigation Team (JIT) formed by PTI government to hold a fresh probe into 2014 Model Town incident.

The bench headed by Justice Muhammad Qasim Khan observed that prima facie the conduct of the principal law officer tantamount to contempt of court as he also skipped last hearing.

Additional Advocate General Mushtaq Mohal told the bench that the AGP was unable to appear due to an unavoidable engagement. He requested the bench for more time to file reply of the government on the matter.

Justice Khan reminded the law officer that judicial work was supposed to be most important than any other engagement. Mushtaq Mohal urged the bench to defer the proceedings to wait for a decision on similar petitions pending before the Supreme Court.

The bench accepted the request and gave two-month time to the province to get a decision by the apex court and directed the registrar office to fix the matter again after summer vacation in the high court. The bench also extended its stay against the functioning of the JIT.

The new JIT was constituted on Jan 3, 2019 for a fresh probe into the Model Town carnage following a notification issued by the chief secretary. However, the bench with a majority decision of two to one had on March 22 suspended the notification. Justice Malik Shahzad Ahmad Khan and Justice Aalia Neelum were other members of the bench.

Khurram Rafiq and other police officials facing trial in the Model Town case had challenged the legitimacy of the new JIT. They argued that the Code of Criminal Procedure (Cr.P.C) and Anti Terrorism Act 1997 did not allow fresh investigation in a case after submission of challan and framing of charges in particular.