LAHORE - Supreme of Pakistan on Monday constituted a five-member bench to hear a plea seeking formation of a new joint investigation team (JIT) to probe the Model Town carnage ab initio.

In June 2014 incident, 14 workers of Pakistan Awami Tehreek (PAT) and Idara Minhajul Quran had lost their lives.

The bench will be headed by Chief Justice of Pakistan Mian Saqib Nisar. Justice Asif Saeed Khosa will also be a member of the bench along with other three members of the apex court hailing from other provinces.

Hearing the case of Bisma Amjad, a member of the victim family, the Supreme Court decided to take up hearing of the case in Islamabad on December 5 next. PAT Chairman Dr Tahirul Qadri was also present in the court. Dr Qadri pleaded the before the bench for setting up of a new JIT since the case had come to cipher after charges had been framed against the former IG Punjab Mushtaq Ahmad Sukhera.

Dr Qadri stated before the court that there had been no progress in the proceedings of a private complaint before the anti-terrorism court moved by the Idara.

He said one of the suspects, former inspector general of police Mushtaq Ahmad Sukhera, had secured a stay from the Lahore High Court against summons issued by the trial court.

However, after the high court withdrew the stay the trial was underway as all the witnesses were being testified afresh.

He pleaded that there would be no harm if a new JIT was formed to investigate the matter.

On the last date of hearing the two-member bench of the apex court had issued notices to former prime minister Nawaz Sharif and former Punjab chief minister Shehbaz Sharif among 139 others for appearance. But none of the Sharifs appeared and were represented through the counsel.

The other parliamentarians and bureaucrats nominated as accused by the PAT include Punjab opposition leader Hamza Shehbaz, former law minister Rana Sanaullah Khan, former railway’s minister Khawaja Saad Rafique, former defence minister Khawaja Asif, former information minister Pervez Rashid, former state minister Abid Sher Ali, former interior minister Ch Nisar Ali Khan, then personal secretary to chief minister Syed Tauqir Shah, former home minister Azam Suleman and then Lahore Commissioner Rashid Mahmood Langrial.

The accused police officers include former IGP Mushtaq Ahmad Sukhera, former DIG Operations Lahore Rana Abdul Jabbar and then SP Security Salman Ali Khan.

The PAT has held them responsible for killing their people ascribing their direct and indirect role.

Representing former prime minister Nawaz Sharif and others, Advocate Zahid Bokhari and Azam Nazir Tarar sought time to advance arguments on the point of new JIT. Mr Tarar, however, stated that more than 50 witnesses had been recorded in the private complaint of the PAT. He pointed out that an appeal by the PAT had already been filed in the apex court challenging a decision of the high court on the subject matter.

Chief Justice Nisar announced that a larger bench would be constituted to decide the law point whether a new JIT could be formed to investigate a matter already sub judice before a court of law.

He pointed out that Justice Asif Saeed Khan Khosa, known for his expertise in criminal law, would be one of the members of the larger bench. The chief justice observed that the larger bench could also decide fate of the appeal by the PAT. He said the larger bench would hear the case at Islamabad seat likely on Dec 5.

On September 26 last, a three-judge bench of the Lahore High Court with a majority decision by 2 to 1, had dismissed two criminal revision appeals challenging a trial court’s decision on a private complaint by the PAT to the extent of non-summoning of 12 accused including PML-N leaders and bureaucrats.

At least 14 persons were killed and over 100 injured during an ‘anti-encroachment’ operation outside the Model Town residence of PAT chief Dr Tahirul Qadri on June 17, 2014. Jawad Hamid of PAT had filed the private complaint before the trial court.

It may be mentioned that previously the incident was investigated through a JIT formed by the PML-N government which however was not accepted by the PAT. Apart from that a judicial commission of the Lahore High Court also inquired into the incident and made recommendations although the PAT had also not associated itself with the commission proceedings.

The apex court is now deliberating on the issue that whether a new JIT should be formed at this stage and for that end, it wanted to hear all relevant parties.

In the legal experts’ opinion, in case a new JIT is ordered by the apex court, its findings and recommendations will take precedence over any other and, the trial may also take place in light of that.