The Punjab government has decided to constitute a new joint investigation team (JIT) to probe Model Town incident, the advocate general Punjab informed the top court on Wednesday. Advocate General Punjab Ahmed Awais in an unequivocal term told a five-member larger bench that the government of Punjab has decided to form JIT under Section 19 of Anti-Terrorism Act. "Not only it is the view of the State but it is convinced about it (to form JIT)," the AG Punjab responded to the court query.
The bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khosa, Justice Sheikh Azmat Saeed, Justice Faisal Arab and Justice Mazhar Alam, heard PAT petition on Model Town case. Pakistan Awami Tehreek alleged that 10 workers were martyred and 100 other got injured during a police crackdown on Pakistan Awami Tehreek (PAT) workers in Lahore's Model Town area on June 17, 2014.
It claimed that former Prime Minister Nawaz Sharif, former Chief Minister Punjab Shehbaz Sharif, former Punjab Law Minister Rana Sanaullah, former Federal Interior Minister Ch Nisar, former Defence Minister Khawaja Asif, Abid Sher Ali, Pervaiz Rasheed, and former IGP Punjab Mushtaq Sukhera are responsible for the incident.
PAT chief Tahirul Qadri informed the court that Anti-Terrorism Court is hearing the case on the basis of their FIR and a private complaint. Justice Asif Saeed Khan Khosa said under the Section 19 of Anti-Terrorism Act 1997, it is the discretion of the State to constitute JIT if it deems that the matter needs to be probed. The Punjab government in this regard had set up JIT, but the issue is whether the affectees are satisfied with it or not.
He said in the private complaint if the trial court during the proceedings feels that inquiry/investigation be made then the judge can direct a police officer for ascertaining the truth or falsehood of filed complaint under the Section 203 of CrPc.
The Chief Justice said the government's power is not notionally or arbitrary. If the government has set up the JIT then whether this court (SC) has power to constitute a JIT in the case when the State itself is criminally involved in the case and the JIT created by it has exonerated it.
Justice Khosa said the task has been given to the State under the Section 10 of ATA to create JIT. But they have to see whether during the trial at later stage the apex court can intervene that the fresh investigation be conducted. He said there are 15 judgements of this court that fresh investigation during the trial of the case is allowed.
The Chief Justice said the power is with the State to set up JIT if there are allegations that the matter is not probed thoroughly. He asked Tahirul Qadri, "Your case is that the State act was mala fide. If the government is of the same view then it can constitute JIT."
The advocate general Punjab said: "It is not only view of the State but it is convinced about it." Earlier, Tahirul Qadri said: "The trial has now come back to zero." The PML-N government in the last four-and-a-half-year did not allow the independent and impartial investigation. He recalled that the FIR was only registered after the party protested for two months, and that no statements from victims, PAT, the Punjab IGP or any relevant secretary were recorded.
He said when the prosecution and police are in the control of the government then how could the justice be provided to the victims. He said now the new government has been installed in Centre and Punjab, therefore, now there is hope that in the free milieu the independent investigation could be held. Qadri said that two JIT were created by the Punjab government but he did not have trust on them.
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