Lahore - A civil petition has been filed in the Supreme Court against the constitution of a full bench by the LHC CJ and against the order to suspend the operation of the new JIT formed on the SC orders to probe the Model Town killings.

A division bench of the Lahore High Court headed by Justice Muhammad Qasim Khan had heard the petition on 24-01-2019. Subsequently, a full bench was constituted and by way of order dated 22-03-2019 the full bench stayed the proceedings of fresh JiT by way of an interim order.

The order dated 22-03-2019 says, “By a majority view 2 and 1 (Muhammad Qasim Khan, J. dissenting), the operation of the notification dated 03.01.2019 issued by the additional Chief Secretary Home, Government of the Punjab, Home Department, Lahore, is suspended till the final disposal of the final writ petition”

Bisma Amjad, the daughter of Model Twon tragedy victim, had filed the civil petition. The petitioner cited Khurram Rafiq, head constable attached with Police Lines Qilla Gujjar Singh; Rizwan Qadir Hashmi, inspector/former SHO of Faisal Town police; JIT Convener; Anti Terrorism Court etc as respondents. The petition raises various questions against the formation of the full bench and its subsequent order. “Tthe LHC full bench completely ignored the order of the Supreme Court passed in HRC No.69031-P/2018 for the issuance of a notification for the formation of a new JIT.

“The order has the effect of suspending criminal investigation that is legal anathema in terms of trite jurisprudence of the Supreme Court, the petition says. “The order has been rendered in ignorance of Article 4(2) of the Constitution as well as the Code of Criminal Procedure, 1898 both of which allow what is not prohibited and do not prohibit fresh investigation, In a recent hearing of Writ Petition No.5952/2019 and Writ Petition No.4366/2019 the Supplementary Cause List was published either on the same day as had been fixed for hearing or in the evening of 21-03-2019,” the petition added .