LAHORE - A full bench of the Lahore High Court on Wednesday directed the federal and Punjab governments to submit details about the notifications issued for constitution of tribunals/commissions in petitions seeking Model Town inquiry tribunal’s report public and challenging three-member committee to review Model Town inquiry report.
The bench headed by Justice Khalid Mehmood Khan heard the petitions. At the outset of hearing, Advocate Azhar Siddique and Aftab Bajwa contended that the governments cannot issue notifications to establish tribunals/commissions, because it was violation of Article 175 of the Constitution and also the violation of the judgments of the Apex court.
They argued that the recommendations of the tribunal in Model Town incident were not being implemented and all the efforts made by the inquiry tribunal were being spoiled intentionally.
Azhar Siddique told the bench that commissions and tribunals are made all over the world but the law of the country under which the tribunals/commissions were made had lacunas and hindrances. He said the governments did not want to implement on the recommendations of the commissions/tribunals; they only implemented on the recommendations which were in their favors and not otherwise.
Justice Khalid Mehmood khan sought notifications issued by the government for the constitution of Model Town Inquiry. On which, the LHC registrar presented two letters of the Punjab government regarding the constitution of Model Town inquiry tribunal; one letter was issued under section 176 of Cr.PC and the other was under sections 3&5 of Punjab Inquiry Ordinance 1969. When Justice Khalid asked Mr. Mustafa Ramday, the counsel of Punjab government, that why two notifications were issued, he replied that apparently the two notifications could not be issued at the same time under the law.
On of the member of the bench observed that it seems that there was no law available for the constitution of judicial commissions and also remarked that it is also important to examine that whether the Chief Justice has jurisdiction to constitute commission/tribunal.
The bench sought all notifications issued regarding the constitution of tribunals/commissions in the past and adjourned further proceedings until March 13.