LAHORE - The Lahore High Court (LHC) on Monday adjourned till March 15 the hearing of petitions against a new Joint Investigation Team (JIT) formed to probe the 2014 Model Town incident.
The court sought assistance from counsel for parties over seven legal points, besides holding that the matter would be heard on a daily basis from the next date of hearing.
The seven-member bench headed by LHC Chief Justice Muhammad Qasim Khan heard the petitions filed by former Punjab police inspector Rizwan Qadir and Constable Khurram Rafiq, facing trial in the Model Town incident. As the proceedings resumed, Additional Advocate General Punjab (AAGP) Malik Akhtar Javed on behalf of the provincial government appeared before the bench. To a court query, the AAGP stated that from now on he would represent the provincial government as Advocate General Punjab Ahmad Owais had been removed from the case.
He further stated that a report and affidavit had been submitted in accordance with the court directions.
At this stage, the Chief Justice addressed the AAGP and questioned whether the AGP had received instructions from the competent authority for the purpose or the AGP himself gave the statement. To which, the AAGP stated that the AGP had given the statement before the Apex court in the light of Mustafa Impex case.
However, Justice Malik Shahzad Ahmad Khan, a member of the bench, questioned the AAGP whether the Chief Minister would give affidavit or avail protection provided in the Constitution.
To this, the AAGP submitted that he would seek instructions from the Chief Minister in this regard.
At this, the Chief Justice observed that if the chief minister avail protection under any constitutional provision then the bench would review it.
Subsequently, the Chief Justice adjourned further hearing of the petitions till March 15 and observed that the bench would hear the matter on daily basis from the next date of hearing. The Chief Justice also asked counsel for parties to assist on seven legal points including, whether re-investigations could be held after indictment and submission of challan in a case; whether JIT could be formed after all prosecution proceedings; whether the new JIT was formed after approval of the chief minister and the cabinet; whether it was legal to grant approval by the cabinet for new JIT after passing a long time;whether the chief minister supported statement made by the AGP before the Apex court regarding new JIT; whether the directions passed by the chief minister to the AGP qualifies the definition of Punjab government; if the statement of the AGP before the Apex court was set aside then whether the high court could set aside the Apex court orders. The petitioners had submitted that a judicial inquiry and a JIT had already investigated the 2014 firing incident. They contended that a new JIT was formed in violation of the law.
A three bench had suspended a notification for formation of a new JIT probing Model Town incident, by a two, one majority vote, on March 22, 2019.