CJP orders formation of judicial commission to probe APS attack

Published May 9, 2018
Chief Justice of Pakistan Mian Saqib Nisar. —Photo provided by author
Chief Justice of Pakistan Mian Saqib Nisar. —Photo provided by author

Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday ordered the formation of a judicial commission to address the grievances of parents who lost their children in the Army Public School (APS) massacre.

Directing Chief Justice Peshawar High Court Yahya Afridi to form the judicial commission, the CJP instructed that a full report on the matter be compiled within two months.

The commission will comprise a three-member bench of Peshawar High Court judges.

The CJP passed the order while hearing a suo moto case in the Supreme Court's Peshawar registry on the Peshawar High Court's decision in February this year to dispose of a writ petition seeking the formation of a judicial commission to probe the attack.

Despite petitioners' arguments that a judicial inquiry was a fundamental right of APS victims' parents, the Peshawar High Court had ruled that it was the government's mandate to initiate such an inquiry.

The parents present during today's hearing expressed anger at the handling of the case, which was directed towards the chief justice of the Peshawar High Court in particular.

After the petitioners repeatedly excoriated the Peshawar High Court chief justice, the counsel for the petitioners, Fazal Khan, was instructed to leave the room.

"You can not issue such statements about my judges in my presence," CJP Nisar remarked.

CJP takes a round of Peshawar Central Jail's mental hospital

CJP Nisar also paid a visit to the Peshawar Central Jail, where he took a round of its psychiatric facilities with the provincial chief secretary, Azam Khan.

The CJP talked to a few patients, inquiring about the facilities provided to them.

"Does the hospital provide [ample] facilities?" he asked one patient.

"No there are no facilities provided to us," came the reply, which reportedly infuriated the CJP.

He then proceeded to question the doctors present there: "Are there any arrangements made for the patients to exercise?" he asked, to which the reponse was "We have an outdated infrastructure."

The CJP also inquired as to where the patients go when they are not in their cells. He was told that when they come out of their cells, some benches are laid out for them to sit on.

"Are they not provided with any other facilities?" he asked in vexation.

He also made inquiries regarding the provisions for medical treatment available and commented, "Is this what a hospital's condition is supposed to be like?"

"These people are not cattle, they are patients!," he exclaimed.

"There are two patients on every bed. Are these the kind of arrangements you have made for your wards?" he expressed in dismay.

He was further angered upon discovering the fact that shoes and vegetables were being stored in the same cabinets in the jail's kitchen.

He immediately ordered the medical superintendent to submit a report over the manner in which the hospital was being run.

"You have to admit that the arrangements here are severely lacking, Mr Chief Secretary," he remarked at one point.

The CJP also reprimanded a doctor over the poor condition of the hospital, following which the doctor apologetically admitted that the situation was not ideal.

He later instructed the chief secretary to summon Khyber Pakhtunkhwa Chief Minister Pervez Khattak and inquired of the chief commissioner's whereabouts.

Upon the CM's arrival, the two made rounds of the mental hospital again.

The CJP also took some samples of medicines and handed them over to his staff, telling the doctor "we will get these tested".

CJP orders removal of road blocks within 48 hours

While hearing another case in the Supreme Court's Peshawar registry, the CJP also ordered the removal of unnecessary road blocks and check posts from Peshawar within 48 hours.

The provincial chief secretary was of the view that check posts are still needed as there were several outstanding security alerts issued in recent days.

The CJP responded by saying, "Only install check posts where they are necessary and tell me where they are needed. There should only be a few check posts."

He ordered that the roads be cleared for the public immediately. "Why have you blocked all these roads? If there are security concerns then inform me," he said.

Upon the issuance of the order, the court room thundered with the applause of the members of civil society present at the hearing.

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