Daily Times

A massacre occurred on June 17 this year in Model Town where innocent people lost their lives. The police applied excessive force against those protecting Tahirul Qadir’s house. The Chief Minister (CM) of Punjab, Mr Shahbaz Sharif, on that very day, while talking to the media, opined that if found guilty he would resign and face investigation for the incident. The CM’s press conference also demanded a judicial commission to investigate the matter. The Chief Justice (CJ) of the Lahore High Court formed a one-member commission comprising honourable Justice Ali Babar Najafi.

Some days ago, the commission furnished its findings, declaring the CM and other officials responsible for the bloodshed in Model Town. Justice Ali Babar Najafi sent his findings to the CM almost three weeks ago but the office of the CM has stayed mum. The office of the CM should make public the findings of this commission; the PML-N has always declared itself against such incidents in the past. The PML-N’s Punjab-based leadership has always coated itself as leaders of human rights and law abiding citizens. However, in practice, this is apparently not the case. The Model Town incident is condemnable and responsible officials should be brought forward before the courts for punishment as prescribed in the criminal justice system of Pakistan.

The commission submitted its findings that the Punjab government is responsible for the bloodbath and that the police used excessive force. As per media reports, the commission submitted its report to the home department on August 9, 2014 but the government of Punjab kept it secret for days. The report was considered a top secret document and was not allowed to be seen by junior officials of the department. Sources said it has not been sent to the CM for action yet. They said that the assumption was that the report blamed the police for the incident. This assumption had made the security force cautious about handling public gatherings, especially the march of Dr Tahirul Qadri, to avoid any further blame.

Justice Ali Babar Najafi observed that the CM used the word “disengagement” in his affidavit as an “afterthought”. He also noted that, while addressing a press conference on the evening of June 17, Shahbaz Sharif did not mention that he had ordered the police to retreat, quite odd given the sensitivity of the situation. The judge opined that the CM had not given any orders to the police to stop using excessive force against the Minhajul Quran’s supporters outside his secretariat in Model Town. This implies that the CM allowed the police to kill innocent people; the June 17 massacre rests on the government of Punjab and police. The supporters of Minhajul Quran pelted stones but the government of Punjab’s action was disproportionate. It is worth mentioning that Justice Najafi noted that neither Rana Sanaullah nor Tauqeer Shah in their affidavits submitted to the commission that they had been directed by the CM to disengage the police.

It appears that government officials have decided to cover up the matter. Every individual associated with the government of Punjab has been trying to save himself as well as his fellow officials. I believe the culprits should be punished without any delay. A first information report (FIR) has been registered declaring Prime Minister Nawaz Sharif, the CM and leading ministers as the nominated accused in the Model Town incident. The FIR covers the offences embodied in sections 302, 334, 148, 149, 307 of the Criminal Procedure Code (CrPC). The FIR states the specific names and roles attributed to each and every accused. A sessions court, acting under its powers and duties envisaged in 22A to 22B of the CrPC, penned an order directing the police to regiser the FIR. The order has been challenged by government officials in the Lahore High Court through a writ petition invoking inherent jurisdiction of the High Court under Article 199 of the constitution. The Lahore High Court has upheld the decision of the sessions court but has provided an intra-court appeal to the petitioners.

In culmination, the FIR exists and may seriously expose government officials as being accountable for the miserable incident. The CM of Punjab has always titled himself a man of honour and a law abiding citizen; he should face a legal recourse to prove his innocence. His subordinates should also look to prove their innocence. The judicial commission has already declared them guilty of the terrible incident. I support Tahirul Qadri and company as far as the FIR is concerned, I support his stance and tactics to exert pressure on the government to open itself up for investigation. June 17 will always be labelled a black day in the political history of Pakistan. Many suffered injuries and some innocent people died. I praise the efforts of Justice Najafi for furnishing his findings quickly. In the past, many commissions have been set up without any result but this commission report has exposed the real culprits.

The writer is an advocate of the High Court. He can be reached at greenlaw123@hotmail.com