LAHORE: A Lahore High Court full bench on Thursday linked an inquiry by a joint investigation team (JIT) in cases of violence and attacks on police outside Zaman Park with the final outcome of petitions of the PTI leaders.

The bench headed by Justice Tariq Saleem Sheikh observed that the investigation could not be suspended, however, the proceedings of the JIT would be subject to the decision on the petitions.

Earlier, Advocate General of Punjab (AGP) Shan Gul argued that the caretaker government was competent to look after all matters including law and order except relating to the finance.

He said the caretaker government was empowered to include officials of the federal departments in the JIT.

Contrary to the view of the caretaker government, Prosecutor General of Punjab Chaudhry Khaleequz Zaman said the Supreme Court settled in various decisions that an approval by the cabinet was required to form a JIT.

He said in the instant case an additional chief secretary issued the notification of the JIT.

The bench observed if the view of the prosecutor general was admitted the caretaker government could not even have the power to control prices of commodities.

The bench said maintenance of the law and order was the foremost responsibility of a caretaker government.

AGP Gul objected to the appearance of the prosecutor general before the bench. He said the prosecutor general was not authorised to represent the government in the case.

The AGP argued the petitions were not maintainable as the cabinet had delegated its powers to the additional chief secretary to notify the JIT.

He said the JIT had not yet started its proceedings and the petitioners moved the court.

The bench adjourned the hearing for a date to be fixed after Eidul Fitr holidays.

The petitions were filed by Dr Yasmin Rashid, Musarrat Jamshed Cheema and Fawad Chaudhry.

A counsel for the petitioners argued that the police registered politically motivated cases against the PTI leaders and constituted an illegal JIT for the investigation. He said the police unlawfully inserted provisions of the anti-terrorism law in the cases.

He asked the court to set aside the notification of the formation of the JIT and also the call-up notices being issued by it to the petitioners and other leaders of the PTI. The home department had formed a six-member JIT with SSP Imran Kishwar its convener.

Other members include SP Aftab Phularwan, one each representative from three intelligence agencies.

Published in Dawn, April 21st, 2023