A JIT can’t be constituted twice: LHC

Author: Daily Times Monitor

The Lahore High Court (LHC) has issued a written judgment on dissolution of the new joint investigation team (JIT) formed to investigate the 2014 Model Town incident afresh, a private TV channel reported on Saturday.

The court had Friday dissolved the new JIT on the Model Town incident.

Two members of a three-judge bench, Justice Malik Shehzad Ahmed and Justice Aalia Neelum, have stopped the JIT from investigation and annulled the notification of its constitution. Justice Qasim Khan, who headed the bench, however wrote a dissenting note.

The court ruled that if the JIT is not stopped, it will complete its probe till the court’s decision, adding that if the investigation is completed, the petitions will become ineffective.

The judgement said that under the anti-terrorism act, a JIT cannot be constituted twice. The additional chief secretary is not empowered to issue the notification of a fresh JIT, the court ruled.

The court has sought a reply from the Punjab government regarding the new JIT on April 1. It also issued a show-cause notice to Advocate General Punjab Ahmed Awais over his ‘contemptuous’ attitude during the last hearing and asked him to submit a written reply as to why contempt of court proceeding should not be initiated against him.

“No law officer did act in this manner in the history of the high court. The advocate general Punjab and the law officers tried to pressurize the bench as they wanted case proceedings at a bench of their choice,” the court remarked. “The advocate general even announced boycott of the proceedings in the court,” it added.

The new JIT was constituted on January 3 this year for a fresh probe into the 2014 Model Town carnage.

Lawyers of Inspector Rizwan and Constable Khurram Rafique had argued before the bench that the Supreme Court had given no order for formation of a new JIT. They had pleaded to the court to quash the new JIT and stop it from investigation as it will affect the Model Town trial.

On June 17, 2014, at least 14 people were killed and 100 others injured when police opened fire to disperse protesting Pakistan Awami Tehreek workers during an anti-encroachment operation outside the residence of party chief Dr Tahirul Qadri.

Published in Daily Times, March 24th 2019.

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