LAHORE: The Lahore High Court on Monday dismissed a set of petitions by the Pakistan Tehreek-i-Insaf (PTI) leaders, challenging a Joint Investigation Team (JIT) formed by the caretaker government for the cases of violence and attacks on police teams outside the Zaman Park residence of ex-premier Imran Khan.
“The impugned order is unexceptionable. The government is competent to form the JIT in the cases mentioned therein. These petitions are dismissed,” said a judgement issued by a three-judge bench.
Justice Tariq Saleem Sheikh headed the bench also comprising Justice Farooq Haider and Justice Muhammad Amjad Rafiq.
The bench observed the investigation into the cases is at an initial stage or yet to begin, saying it is still to be determined whether there was any “design” or “purpose” behind the incidents that occurred between Feb 22 and March 19, which may constitute terrorism under section 6 of the Anti-Terrorism Act (ATA).
The judge noted, “The petitioners want us to suspend the formation of the JITs and their functioning until proper rules are framed. We are not inclined to do so.”
However, the bench directed the federal government to make the rules within two months.
The bench said the violence damaged the public and private property, injured many police personnel and killed at least one person.
It said the PTI workers allegedly threw petrol bombs at the police as they attempted to execute non-bailable warrants issued by the Islamabad sessions court against the party chairman.
The bench ruled that a thorough probe into the incidents was essential to bring the miscreants to justice.
It said the caretaker cabinet rightly constituted the JIT to broaden the investigation’s scope and make it transparent, fair, and credible.
“The petitioners have failed to demonstrate that the impugned order is mala fide,” the bench added.
The bench maintained that the courts should only intervene when it is found that the government’s action is mala fide or that there is a colourable exercise of authority.
The petitions were filed by Dr Yasmin Rashid, Musarrat Jamshed Cheema and Fawad Chaudhry.
The petitioners submitted that the police registered “politically motivated” cases against the PTI leaders and constituted an “illegal” JIT. They said the police “unlawfully” inserted provisions of the anti-terrorism law in the cases.
They asked the court to set aside the notification of the JIT formation, and also the call-up notices issued to them and other PTI leaders.
The home department had formed a six-member JIT with SSP Imran Kishwar its convener. Other members include SP Aftab Phularwan and one representative each from three intelligence agencies.
Published in Dawn, July 11th, 2023
