LHC’s power to review SC judgement on JIT questioned
LAHORE: Barrister Syed Ali Zafar, who represents the daughter of a woman killed in the Model Town firing, argued on Wednesday before a Lahore High Court larger bench that it did not have jurisdiction to review a judgment of the Supreme Court to constitute a joint investigation team (JIT) to reinvestigate the 2014 incident.
He contended that the merits of the case were discussed before the apex court.
He argued that the reinvestigation can indeed occur because the law makes no prohibition whatsoever on the extent or number of JITs that can be constituted, and therefore, a new independent investigation could be initiated to ensure that justice is served.
The bench is headed by Chief Justice Muhammad Ameer Bhatti with Justice Malik Shahzad Ahmad Khan, Justice Aalia Neelum, Justice Syed Shahbaz Ali Rizvi, Justice Mirza Viqas Rauf and Justice Tariq Saleem Sheikh.
Barrister Zafar pleaded before the bench that it had been impossible for the victims to expect justice when the investigating agencies were all headed by those who were directly linked to the perpetrators of the heinous act.
He alleged that as the ruling party at the time (i.e., PML-N) was directly involved in the Model Town massacre, its failure to hold anyone to account for this heinous crime must not be ignored.
The bench would resume further hearing on Thursday (today).
Khurram Rafiq and several other police officials facing trial in the private complaint by the PAT challenged the new JIT formed by the Pakistan Tehreek-i-Insaf-led provincial government.
A three-judge bench had on March 22, 2019, suspended the new JIT.
Published in Dawn, December 22nd, 2022