Lahore - Lahore High Court (LHC) Chief Justice Sardar Shamim Khan heading a two-member bench on Monday rejected the petitions seeking the formation of judicial commission to probe the Sahiwal carnage.
Earlier, a judicial inquiry report was submitted before court as the LHC chief justice had ordered the Sahiwal sessions judge to appoint a magistrate to conduct a judicial inquiry into the killing of a couple, their daughter and a friend, and also ordered to submit a report within a month.
The two-member bench heard the petition. The chief justice said in his remarks that it is not in court’s jurisdiction to constitute a judicial commission to investigate the matter. However, a petitioner’s counsel sought permission to advance arguments in favour of the formation of a judicial commission for the purpose.
The counsel argued that a judicial commission had already been constituted to investigate the Model Town incident in which 14 people were killed by police in Lahore. On the argument, the bench asked about the law which allows the court to constitute the judicial commission.
The chief justice remarked that the court does not have power to form judicial commission. The CJ also said that it had already been made clear that judicial commission would not be formed. The federal government is empowered to form a judicial commission.
The petitioners sought the formation of a judicial commission to conduct a transparent probe into the killing of four people, including a girl by Counter-Terrorism Department personnel in Sahiwal.
Multiple petitions for the purpose were filed in the court by family members of victims and some lawyers who challenged the formation of a joint investigation team (JIT). As the high-ups of law enforcement agencies were involved in the incident, the JIT made by the government could not reach a just decision, says a petition filed by the brother of one of the victims.
The petitioners submitted that ministers and officials changed their statements on the inhuman act of the police which shows their ill-will pertaining to the administration of justice.
Muhammad Jaleel had filed the petition through Barrister Ehtishamuddin. In January, a shootout of the Counter-Terrorism Department (CTD) personnel had claimed the lives of the four people.
Keeping in view the importance of the matter, learned sessions judge Sahiwal had directed to depute some learned magistrate Section 30, for conducting judicial inquiry into Sahiwal Incident dated 19-01-2019 whereby Muhammad Khalil, Zeeshan, Nabeela Khalil and Areeba Khalil were killed whereas Muhammad Umair and Jazba Khalil were injured, allegedly at the hands of CTD officials.