Model Town incident: LHC seeks CM affidavit on AGP statement about fresh JIT formation

LAHORE: The Lahore High Court (LHC) Monday directed Punjab Chief Minister Sardar Usman Buzdar to submit an affidavit to explain whether Advocate General of Punjab Ahmad Awais was under his instructions at the time of giving a statement before the Supreme Court in Dec 2018 regarding formation of a new Joint Investigation Team (JIT) to hold a fresh probe into the 2014 Model Town incident.

As the hearing commenced, Additional Advocate General Malik Akhtar Javed told a seven-judge larger bench that he had been appointed as prosecutor to represent the provincial government in the petitions against the JIT.

The larger bench, headed by Chief Justice Muhammad Qasim Khan, on the last hearing, had refused to hear AGP Awais asking him to seek a permission first in writing from the chief minister to represent the government in the case.

Justice Muhammad Ameer Bhatti, Justice Malik Shahzad Ahmad Khan, Justice Aalia Neelum, Justice Sardar Sarfraz Dogar, Justice Asjad Javed Ghural and Justice Farooq Haider are the other members of the bench, which seizes with petitions against the constitution of the second JIT by the government in the Model Town incident.

Asked about the legitimacy of the AGP statement before the SC, Javed said the advocate general had given the statement in the presence of the chief secretary. He said that the advocate general had given the statement on the instructions of the chief minister.

Chief Justice Khan asked the law officer whether the instructions given by the chief minister were in line with the Mustafa Impex judgment by the SC.

Advocate Azam Nazir Tarar, on behalf of the petitioners, said the SC had not ordered any JIT, but the government itself announced that it had decided to hold a fresh investigation into the case.

Later, he said, the government on Jan 3, 2019, formed the impugned JIT in clear violation of the settled laws. He argued that the trial court had already indicted 47 out of a total of 69 suspects and recorded statements of 86 out of 135 witnesses. The bench directed the petitioners’ counsel to submit a brief history of the case in writing.

The CJ also directed the law officer to submit an affidavit on behalf of the chief minister to confirm that the AGP was under his instruction before the SC. “Also tell us if the chief minister wants to invoke his constitutional immunity,” Justice Malik Shahzad asked AAG Javed.

The bench also sought arguments on different legal points including whether a fresh investigation could be held in a case after filing of challan and indictment of the suspects and whether the JIT in question was constituted with the approval of the chief minister and the cabinet.

Advocate Azhar Siddique sought an adjournment on behalf of Barrister Ali Zafar, the counsel for Pakistan Awami Tehreek (PAT). He said Zafar was busy due to his election to the Senate. The bench would hear the case on a daily basis from March 15 and no unnecessary adjournment will be given to any party.