–SC wraps up case, sends notices to PML-N leaders, including Nawaz Sharif, his brother Shehbaz and nephew Hamza
ISLAMABAD: The Supreme Court (SC) on Wednesday ordered the Punjab government to form a new investigation team to probe the Model Town case in which Lahore police killed 14 political activists during an “anti-encroachment operation” allegedly on the orders of the Pakistan Muslim League-Nawaz (PML-N) government.
A larger bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar and comprising Justice Asif Saeed Khosa, Justice Sheikh Azmat Saeed, Justice Faisal Arbab and Justice Mazhar Alam Miankhel, resumed the hearing to determine whether a new JIT could be formed to probe the case which is still pending judgement.
During the hearing, PAT chief Tahirul Qadri apprised the bench that the then Pakistan Muslim League-Nawaz (PML-N) government had formed two JITs but the teams failed to record statements from the injured and the accused alike. He accused the Punjab police and prosecution of acting under the government’s influence.
“My lawyers are present for legal questions,” Qadri told the bench, adding, “I will only present facts before the court.” “No case is political for the court,” the chief justice remarked.
Justice Asif Saeed remarked that after the indictment of former Punjab IGP Mushtaq Sukhera in the case, all statements had to be recorded again. To this, Qadri said, “The trial has now come back to zero,” adding that following constitution of the larger bench, the victims were hopeful about getting justice.
“Which FIR formed the basis of the JIT?” Justice Khosa asked, to which Qadri responded that the police first formed the JIT on their own FIR.
“Later it was formed on our FIR,” Qadri said. “The judicial commission gave its findings on the matter too.”
The CJP remarked that he had wanted hearings for this case to be held on a daily basis, but it was Qadri who had petitioned for conducting hearings twice a week. The chief justice asked how many witnesses had recorded their statements in the case, to which the PAT chief responded that 23 of the 157 witnesses had recorded their statements.
“It is important to take an overview of the situation before the incident as well, to know why it happened,” Qadri pointed out.
“Did you raise your objections over the members of the JIT?” the chief justice asked, to which Qadri responded that he had written to the police chief numerous times expressing his objections over the JIT.
“The people you used to go to are not bigger than the court,” Justice Nisar told Qadri. “The court’s doors have always been open. You went to those who had no ties to the case. You did not approach the appropriate legal authorities.”
During the hearing, the PAT chief said that the government used the “removal of barriers as a pretext” to halt the campaign of the party. “We did not receive any notice regarding the removal of barriers,” the PAT chief said, adding that they were erected on court orders and removed the same way.
“Your point has been noted,” Justice Azmat Saeed told Qadri.
After the court heard his arguments, it asked the Punjab Advocate General Ahmed Awais about the provincial government’s stance on the matter.
Awais responded that the Punjab government had no objections to the reconstitution of a JIT. The court responded that the government may go ahead and constitute the JIT as it ordered that the statements of the remaining witnesses must be recorded. The new JIT would be formed under Section 19 of the Anti-Terrorism Act, the court declared.
After the hearing, Qadri, while speaking to the mediapersons, thanked the court for a new JIT in the case “The court said that there was no other way but to form a JIT. The court’s stance was also supported by the Punjab government,” he added.
Furthermore, leaders of the Pakistan Muslim League- Nawaz (PML-N), who were at the helm of affairs in the Punjab government at the time, were also issued notices in addition to Punjab Attorney General Ahmed Awais.
PML-N leaders who have been issued the notices include Nawaz Sharif, his brother Shehbaz Sharif, Hamza Shehbaz, Chaudhry Nisar, Pervez Rashid, Rana Sanaullah, Khawaja Asif and Saad Rafique.
MODEL TOWN REPORT:
On Dec 5, 2017, the Punjab government released the Model Town inquiry tribunal report after three years following a Lahore High Court (LHC) directive to make it available for public consumption.
The report, prepared by Justice Baqir Najfi commission, had blamed the provincial government, including then Punjab chief minister Shehbaz Sharif and former law minister Rana Sanaullah, and police for the 2014 incident in which 14 supporters of the Pakistan Awami Tehreek (PAT) were killed.
As per Justice Najafi’s account, the police did its best to cover up facts regarding who gave orders to open fire on protesters.
“The facts and circumstances of the bloodbath clearly show that the police officers actively participated in the massacre,” stated the report.
The report also criticised members of the Punjab police for their complicity in the incident.
“…no police official from top to bottom, whether actively participated in the operation or not, did utter a single word about the person under whose command the police resorted to firing upon the PAT workers.”
Moreover, the report expressed disappointment over the fact that the Punjab government did not empower the tribunal under Section 11 of the Punjab Tribunals Ordinance, 1959.
