New JIT on Model Town killings: Buzdar appears before LHC on short notice

LAHORE: Punjab Chief Minister Usman Buzdar on Thursday appeared before the Lahore High Court (LHC) and stated that Advocate General Punjab Ahmad Awais has offered to tender his resignation in the wake of a contempt of court notice issued to him for his purportedly contemptuous attitude.

A three-member bench, headed by Justice Muhammad Qasim Khan, had issued a notice to top provincial lawyer over his ‘misconduct’ during the announcement of an order against a joint investigation team formed to hold a fresh probe into the 2014 Model Town incident. The court had summoned the chief minister to know whether the government would appoint a new law officer in the case after the AGP was facing a contempt notice and filed two unsatisfactory replies. “I called on the advocate general today and he was ready to offer resignation,” said the chief minister in response to the court’s query as to whether he had knowledge about contempt proceedings against the top government lawyer. CM Buzdar, Punjab Law Minister Raja Basharat, the chief secretary and the law secretary turned up before the court on a short notice.

Justice Malik Shahzad Ahmad Khan and Justice Aalia Neelum were the other members of the bench.

During the hearing, Justice Muhammad Qasim Khan remarked that the advocate general of Punjab is a highly respectable post but an unfortunate incident has taken place. Reminding the chief minister of the advocate general’s conduct, the bench lamented that the advocate general remained failed to file his reply despite the lapse of a considerable time. The bench observed that the job of the province’s first law officer was to assist the courts on law points irrespective of his affiliation to any political party.

CM Buzdar told the bench that Ahmad Awais is ready to resign as advocate general of Punjab. "We committed many mistakes," the chief minister acknowledged.

Justice Malik Shahzad Ahmed Khan remarked: "One of the biggest law officers in the province is standing like a suspect. He should be speaking about the supremacy of law."

"The court has only issued a notice and not a show-cause notice," the bench clarified, at which Advocate Hamid Khan said, "There is no contempt of court law today."

Justice Shahzad expressed resentment and asked: “Is this new Pakistan where lawyers in large numbers appear when the chief minister is summoned.” Justice Qasim Khan also noted that in the past, the governments used to have consultation with the chief justice of the LHC for the appointment of the advocate general. However, the judge observed it appeared that the incumbent government ignored this tradition.

Justice Aalia Neelum pointed out: "There is a difference between freedom of expression and speaking loudly." She explained that the bench had showed maximum restraint while issuing the contempt notice to the AGP as many facts of the incident were not mentioned in the order to protect dignity of the institutions. She regretted that no action had been taken against the law officers who chanted political slogans in the courtroom.

To a bench query, Buzdar stated that a new counsel/law officer would soon be appointed for the representation of the government in the case.

Advocate Hamid Khan then urged that "contempt of court should hardly be used in today's day and age".

Justice Muhammad Qasim Khan questioned, "What should happen if someone starts cursing?"

In response, Advocate Hamid Khan said, "I will be grateful if you ignore it. Kindness does not mean weakness."

The bench adjourned the hearing of the main case till April 19, enabling the government to appoint any other law officer as its new counsel while reserved the decision on the contempt matter against the advocate general. The bench also directed the official respondents in the case to submit their replies by the next hearing.

On March 22, the LHC had dissolved the JIT constituted to investigate the 2014 Model Town incident afresh. Khurram Rafiq and other police officials, facing trial in the Model Town case, challenged the legitimacy of the new JIT. The LHC ordered the new JIT to stop the probe and suspended the notification of its constitution. It has sought a reply from the Punjab government regarding the new JIT.

At the time of the announcement of the suspension order, AGP Awais along with other law officers had created a scene in the courtroom and lodged protest against the verdict on the pretext that the office of the advocate general received no notice from the court about the proceedings. The bench had taken a strong notice of the conduct and issued a contempt notice to the advocate general.