ISLAMABAD: The Supreme Court (SC) on Wednesday disposed of Pakistan Awami Tehreek’s plea seeking formation of a new joint investigation team (JIT) to probe Model Town carnage and directed the provincial government to reconstitute the team.
A five-member larger bench headed by Chief Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khosa, Justice Azmat Saeed, Justice Faisal Arab and Justice Mazhar Alam Mian heard the case.
During the proceedings, PAT chief Dr Tahir ul Qadri broke into tears and said that the victims of the Model Town incident were waiting for the justice for the past four years. He claimed that due process of law was not observed during investigation into the matter, saying an FIR was launched after two months of protest by the PAT in Islamabad. Dr Qadri submitted that neither the statement of victims was recorded nor PAT turned up before the previous investigation teams, arguing that how it could be called a fair investigation in such a circumstances.
Punjab Advocate General Ahmed Awais said the government has no issue over formation of a new JIT, on which the court wrapped up the plea and ordered the government to form a new team for investigation.
During the course of proceedings, Justice Asif Saeed Khosa said all statements would have to be recorded again when Dr Qadri informed the court that at first Punjab police formed JIT on its own FIR and for the second time another JIT was formed in response to the FIR registered by the PAT.
Urging the larger bench to issue directives to examine the causes of the Model Town incident, Dr Qadri submitted that a judicial commission also gave findings over the incident saying there are as many as 157 witnesses in the case whereas a total of 23 witnesses have testified before the anti-terrorism court so far.
Chief Justice Mian Saqib Nisar observed during the proceedings that the PAT chairman opted for protest instead of seeking remedy through a legal course of action for registration of FIR in the matter. He said during protest of the PAT at D-Chowk Islamabad, the Supreme Court judges also faced difficulty to reach the court besides general public, adding that Supreme Court is the apex institution to dispense justice.
Later talking to reporters outside the court premises, Dr Qadri said the supremacy of law has been upheld. “The court said that there is no other way but to form a JIT. The court’s stance was also supported by the Punjab government,” he said. This would be the third investigation team to probe the same matter as PAT had shown no confidence over the findings of the last two probes in the Model Town incident on the grounds that impartiality of the team was in question.
On Tuesday, the Supreme Court had formed a five-member larger bench to decide on a legal point of whether a new joint investigation team (JIT) could be formed at the present stage of trial pending adjudication in the Model Town case. Notices were issued to 146 individuals including former prime minister Nawaz Sharif, Opposition Leader in National Assembly Shahbaz Sharif, Punjab Assembly Opposition Leader Hamza Shahbaz, PML-N’s Rana Sanaullah, former interior minister Chaudhry Nisar, former foreign minister Khawaja Asif on behalf of the apex court. Bisma Amjad, a woman affected by the incident, had filed a petition requesting to constitute a new JIT to probe the killings of PAT workers in the carnage.
Published in Daily Times, December 6th 2018.