LAHORE: Chief Justice of Pakistan Mian Saqib Nisar constituted a joint investigation team (JIT) on Sunday to probe allegations levelled by TV anchor Dr Shahid Masood, including the one about bank accounts of the suspect in the Zainab rape-murder case.

“We, as a nation and institution, feel ashamed that we cannot protect our daughters like Zainab,” the chief justice observed, while assuring the father of the six-year-old girl that the perpetrator would be given stringent possible punishment.

The courtroom No1 at the Lahore registry was filled with media personalities, including anchors, editors, heads of media houses and representatives of the Pakistan Broadcasters Associ­ation (PBA), the All Pakistan Newspapers Society and the Council of Pakistan Newspaper Editors (CPNE), when a three-judge Supreme Court bench headed by Justice Saqib Nisar and comprising Justice Manzoor Ahmad Malik and Justice Ijazul Ahsan assembled to hear a suo motu case related to the grisly rape and murder of Zainab in Kasur.

No more judicial commissions to be set up in any matter, says CJ

The CJP had sought their appearance to assist the court following the allegations levelled by Dr Masood, who was also present in court.

At the outset of the hearing, Additional Advocate General for Punjab Asma Hamid presented a report denying the claims made by the anchor that the prime suspect in the case, Imran Ali, held multiple bank accounts. She informed the court that the State Bank had confirmed that the suspect had no bank account. The anchor and the management of the news channel in question, she said, had failed to appear before a JIT despite issuance of notices to them.

Before giving an opportunity of hearing to Dr Masood, the SC bench watched on a screen projector a video of his media talk outside the Supreme Court after a previous hearing in Islamabad.

The anchor had claimed that the suspect operated at least 37 bank accounts in and outside the country. He also claimed that an organised gang of child pornography led by some influential people was behind the rape and murder of Zainab and other minors in Kasur.

“We trusted your information and also took notice and now you are supposed to prove your claims,” CJP Nisar asked the anchor after watching the video.

Dr Masood said he did not receive any notice to appear before the JIT. He also expressed distrust of the JIT, alleging that some of its members/police officials were accused of patronising the gang involved in child pornography.

He accused the government of lying about the suspect’s profile and trying to protect influential members of the gang. He alleged that the police had killed innocent people in fake encounters just to shelter the real culprits.

In view of the anchor’s concerns, CJP Nisar constituted the new JIT, headed by Federal Investigation Agency Director General Bashir Memon. The names of other two members of the team would be decided in due course, the chief justice said.

He reminded the anchor: “You cannot imagine what could be the consequences if you fail to establish your assertions. And if your news proves true, we would give you a certificate of appreciation.”

He asked the anchor to cooperate with the new JIT and stay in the country, otherwise his name could be placed on the Exit Control List.

The CJP observed that the apex court would no longer form judicial commission in any case and let the investigating agencies do their job.

Referring to a commission set up to probe the murder of journalist Saleem Shahzad, he observed that the practice of constituting judicial commissions was of no use.

Holding investigation was the duty of law enforcement agencies, and not the judges, he said. “No prime minister or chief minister will now ask the court for any judicial commission,” the CJP declared.

“We neither claimed that other institutions were unsuccessful nor have we tried to encroach upon even an inch of their jurisdiction,” he observed.

The bench also heard views of senior journalists and media personalities by inviting them to the rostrum. Most of them disapproved of the manner in which Dr Masood had made the claims without any proof. Some others, including Hamid Mir of Geo News, requested the court to also keep the door of pardon open if Dr Masood fails to prove his claims.

PBA chairman Mian Amir Mahmood, Zia Shahid of the CPNE, Arif Nizami, I.A. Rehman, Mazhar Abbas, Saleem Bokhari, Sohail Warraich, Kamran Khan, Mujeebur Rehman Shami, Aftab Iqbal, Fahad Hussain, Naseem Zahra, Asma Sherzai, Arif Hameed Bhatti, Kashif Abbasi and Mansoor Ali Khan were among the journalists invited by the court.

At one point during the hearing, CJP Nisar said that nowadays law was discussed more in television shows than courts. At the insistence of Mr Bhatti, the chief justice sought details from the government about the implementation of the wage award for journalists.

Before closing the hearing, the court ordered Punjab Inspector General Arif Nawaz to ensure safety of suspect Imran and independent working of the JIT.

The IGP informed the court that a challan of the case would be filed in the trial court within two weeks.

The bench also ordered the police chief to submit complete service record of DSP Arif Bashir and other officers posted in Kasur for more than three years. The CJP asked Punjab Forensic Science Agency head Dr Ashraf Tahir to not leave any loophole in the investigation, reminding him that the court was mainly depending on his skills.

Amin Ansari, the father of Zainab, appealed to the judges to give the suspect a maximum punishment of public hanging in the light of the injunctions of the Holy Quran and Sunnah.

CJP Nisar, however, assured him that the suspect would be awarded a punishment available in the law unless parliament makes legislation on public hangings.

The chief justice restrained Mr Ansari and his lawyer from holding media talk and press conferences with a commitment that the court would ensure justice in the case.

Published in Dawn, January 29th, 2018