CJP rejects lawyers' request to withdraw terrorism charge in cop torture case

Published October 13, 2018
Chief Justice of Pakistan Mian Saqib Nisar. — File Photo
Chief Justice of Pakistan Mian Saqib Nisar. — File Photo

Chief Justice of Pakistan Mian Saqib Nisar on Saturday rejected a plea to withdraw Section 7 of the Anti-Terrorism Act (ATA) in a suo motu case registered against lawyers for allegedly torturing a police officer.

The top judge had taken notice of an incident on Oct 7, in which a group of 15 lawyers led by advocates Saif Khokhar, Nabeel Haider and Mustafa Khokhar had attacked ASI Samar Riaz Khan in a district and sessions court where Khan had gone to submit records.

During a hearing of the case in the Supreme Court's Lahore registry on Saturday, the court also rejected a request to prevent the arrest of the accused lawyers until a decision was made in the case.

"I will give my resignation but I will not be unjust," he said.

He also ordered a copy of the video of the lawyers assaulting the sub-inspector, which, he said, would be displayed in the next hearing of the case to determine who was responsible.

A large number of lawyers, including President of the Lahore Bar Association Malik Arshad and Secretary Sohail Murshad, were present in court on Saturday.

Previously, CJP Nisar had issued notices to Pakistan Bar Council Vice Chairman Ahsan Bhoon as well as the president and general secretary of the Lahore District Bar Association.

The lawyers said that if Section 7 of the ATA was not suspended, they would stage a sit-in outside the court; to which CJP Nisar replied that if they staged the sit-in, he would come and see it.

During court proceedings. the lawyers also chanted slogans of 'shame, shame'. The top judge remarked that those chanting the slogan should not come to his court next time.

Arshad, however, interjected to say that the slogan was for the police and complained that the police's attitude has been "very bad".

The Lahore Bar president also said that a court video should not be leaked, which prompted the chief justice to ask why.

In response, a lawyer from the crowd shouted out that videos of the Supreme Judicial Council's (SJC) proceedings should be also be leaked.

The CJP asked whoever had made the comment to approach the rostrum, from which the lawyer responsible for the remark shied away, saying he was only stating that if court videos can be leaked then so should videos of the SJC.

The CJP subsequently ordered that the video in question be played in the next hearing of the case and told the Punjab Bar to continue its inquiry into the matter.

The top judge has also issued notices to Inspector General of Punjab Mohammad Tahir to appear before the court and submit an investigation report on the matter on Oct 13.

The hearing of the case was adjourned for a week.

Case against the lawyers

The Islampura police station had earlier registered a case under terrorism charges against the lawyers for torturing, detaining and injuring a policeman.

The ASI said that the lawyers had thrashed, tortured and criminally intimidated him.

He said that the lawyers had also torn off his uniform and kept him in illegal custody in a room. He alleged that the lawyers had also threatened to kill him if he took legal action against them.

SP Investigation Naveed Irshad had earlier said that police were investigating the case, but the lawyers had not appeared before the investigating officer.

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