LAHORE: A Lahore High Court larger bench on Tuesday formally resumed its hearing on petitions against the formation of a second Joint Investigation team (JIT) in the Model Town incident after a gap of several months.

The seven-judge bench remained unavailable due to the superannuation of one of its members in June. Later, the bench dissolved on Nov 15 due to recusal by a judge who replaced the superannuated member.

Chief Justice Muhammad Ameer Bhatti heads the bench along with Justice Malik Shahzad Ahmad Khan, Justice Aalia Neelum, Justice Syed Shahbaz Ali Rizvi, Justice Mirza Viqas Rauf and Justice Tariq Saleem Sheikh.

At the outset, the bench asked the counsel for the petitioners whether the high court could hear a challenge to a JIT formed on the direction of the Supreme Court.

Advocate Farhad Ali Shah, the petitioners’ counsel, stated the apex court had disposed of a human rights application in the light of a statement by the provincial government on the formation of a second JIT.

Chief Justice Bhatti asked the counsel as to why the petitioners did not challenge the decision of the Supreme Court.

The counsel argued the LHC needed to decide whether a second JIT could be made in a case as the decision of the Supreme Court did not reflect that the JIT was constituted under a judicial order.

He pointed out that two FIRs had been registered about the Model Town incident while a private complaint was also filed before a trial court by the Minhajul Quran Foundation. He said the accused persons had been indicted and majority of the prosecution witnesses had also been cross-examined in the trial proceedings initiated on the private complaint. He said no new investigation could be held after the indictment of the accused persons.

Justice Shahzad Malik posed a query whether an order of the Supreme Court could be challenged before the high court which was not issued on merits rather on the statement of a party.

The counsel sought time to prepare his arguments and the bench adjourned the hearing till Dec 1.

Khurram Rafiq and several other police officials facing trial in the private complaint by the PAT had 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, November 30th, 2022