LAHORE – The Supreme Court on Sunday constituted a Joint Investigation Team to look into an anchorperson’s sensational claims about the rape and murder of children in Kasur.
Leading a suo motu hearing of the Zainab case at the SC’s Lahore registry, Chief Justice Mian Saqib Nisar gave the order for the new JIT that will be led by Federal Investigation Agency Director General Bashir Ahmed.
The CJP ordered television anchor Dr Shahid Masood, who was present in court, to appear before the investigation team and present evidence to back his claims , warning that he would face the consequences if he failed to back his claims .
Dr Shahid had claimed a few days ago that the suspected serial killer Imran Ali, who police says has admitted to killing Zainab and seven other girls, has dozens of foreign currency accounts and was part of a child pornography racket being run by some influential persons, including a minister.
His claims about the bank accounts have been rejected by the State Bank of Pakistan (SBP) in its report to the JIT that is already probing the rape and murder of seven-year-old Zainab.
When the court, taking exception to the apparent concoction of a story by Shahid, pressed him for providing proof of his claims , the anchorperson said he did not give news but shared information relevant to Zainab case, and investigation was not his job.
Since the sensational claims made by Dr Shahid had threatened derailment of Zainab case probe , the court had summoned heads of several news organisations as well as senior journalists who appeared to assist the court on the matter.
The CJP-led three-member bench, which includes Justice Manzoor Ahmad Malik and Justice Ijazul Ahsan, ordered the existing JIT , which is investigating Zainab case, to complete probe and submit challan in two weeks.
The court also barred Muhammad Amin, the father of seven-year-old victim Zainab, and his lawyer from holding further press conferences to avoid distraction from the focus of investigations.
Dialogue with Dr Shahid
To the astonishment of everyone, Shahid Masood stood by his claims of bank accounts of Imran Ali and international child pornography racket. However, he failed to present any evidence despite the bench’s repeatedly asking him to present proof.
“I have seen something and this person (Imran) is the part of that ring… But I fear that he will be killed [in captivity],” the anchorperson said when the bench called him to the rostrum to present evidence of what he had said in his program.
“Remain relevant, don’t go into the details and give us the evidence,” CJP asked him.
Dr Shahid sought time to explain his view point which the court allowed him. He mentioned before the court the report published in The Nation newspaper on the mega scandal of child sex abuse in Kasur and sale of their porn videos in the local market.
He said Zainab was abducted on Jan 4 and her corpse was recovered from a dumping site near her house. “Where was she kept for the four days?” he raised the question.
Police arrested Imran Ali and claimed on the other side [initially] that “it was [a case of] gang rape”, he said. “Why police don’t tell about the exact the place [where Zainab was kept]?” he raised another question.
At this, the CJP asked him to remain confined to his discourse. “Don’t go to the prosecution side… Investigation is not your duty but that of the investigation team’s,” he remarked.
Shahid claimed that the post-mortem of the victim and DNA tests of suspects were not conducted the right way. “It is a criminal gang and not just one man but they [JIT and police] are covering it up,” he alleged.
On it, the Chief Justice remarked: “Do you know that your stance could damage the investigation?”
Dr Shahid Masood insisted that the investigators were lying. He told the court that he could leave the court if the judges wanted so. If he isn’t permitted to have his say, he said, he will escape like former SSP Rao Anwar “in a local flight”.
“We’ll not let you go. Now we shall make our own JIT and you have to provide evidence,” The Chief Justice remarked.
“Let’s make our own Joint Investigation Team—an independent team… We have to find out your truth,” Justice Nisar said.
The CJP said that the case was simple that “your stance has caused damaged to the case”.
No judicial commissions in future
The chief justice remarked, “These days, the law is discussed more on TV than in courts.” No judicial commission will be formed by the PM or government in the future, said the court.
“The judicial commission formed to look into journalist Saleem Shahzad’s case has gone down the drain,” said Justice Nisar. “There should be investigations instead of formation of judicial commissions. No PM or CM should now ask me to form judicial commissions.”
Addressing Dr Shahid Masood, the Chief Justice said “if your report is proven true, you will be given a certificate. If it’s proven false, you have no idea what will happen next.”
The court warned the journalist that he may face punishment under contempt charges, ATA and Section 193 of the PPC.
Later during the hearing, Shahid Masood stood again and said that he stood by at his previous stance. He also said that there was strong apprehension that the arrested suspect Imran Ali would be killed.
At this, the Chief Justice directed the IGP for enhanced security and safety of Imran.
Media figures’ appearance
The CJP asked the media dignitaries present in the court that what should be done if the report of Dr Shahid turns out to be untrue.
Appearing before the court, Editor of The Nation newspaper, Salim Bokhari said that there were two aspects of the matter: one is limited impact of Shahid’s claims and the other is its international impact.
He told the bench that law provides space for pardon. “You may call him once more and pardon him,” Bokhari said. He advised extra care in the matter saying the court’s action will set a precedent.
Fahad Hussain, Express News’ group editor also presented his point of view. The CJP said to him that “yours and Mr Bokhari’s point of view is appreciable”.
Renowned anchorperson Hamid Mir said he had investigated Dr Shahid’s story and found it to be incorrect. He said the anchor could be punished over it, but it’s better if he’s forgiven.
He pointed out that false reporting was not an issue of an individual. Mir said it was Pemra’s duty to implement code of conduct made by Justice (r) Jawad S Khwaja.
At this, the CJP said that forgiveness was conditional with the time and when the time is over, there could be no question of forgiveness.
Other media figures who appeared before the bench included Dunya group owner Mian Amir Mehmood, Daily Pakistan’s owner Mujeeb-ur-Rehman Shami, Editor in Chief of Khabrain Group Zia Shahid, Pakistan Today’s Editor-in-Chief Arif Nizami, senior journalist and columnist IA Rehman, and anchors: Kamran Khan, Kashif Abbasi, Sohail Warraich, Aftab Iqbal, Zahra Naseem, Asma Sherazi and Mazhar Abbass.
They all showed concern over the impact of news regarding children’s rape, pornography and murder and demanded code of ethics for the media organisations.
A different demand
ARY TV’s Bureau Chief Arif Hameed Bhatti’s stance was different from all others. He said that Shahid Masood had been summoned for giving news while those who spoke against the judiciary in Jaranwala had not been summoned or issued notices.
He was referring to PML-N chief Nawaz Sharif, his daughter Maryam Nawaz and other party leaders who have been bashing the apex court since the ouster of Nawaz from power.
The Chief Justice observed that who said that they could not take notice. “We don’t ask anyone to take notice,” the CJP remarked. He said there was a proper time for everything.
The Chief Justice also reiterated his remarks about democracy. “I’m here for democracy and I say it again,” he said.
Zainab’s Father
Muhammad Amin, father of deceased girl Zainab, and his family members also appeared before Supreme Court.
The CJP asked the girl’s father not to address any media conference or talk with the press and also restrained his counsel Aftab Bajwa from addressing any press conference or to have any interaction with the media regarding the Zainab’s case.
“We feel ashamed for our daughter Zainab, we haven’t done anything for her,” CJP Nisar observed. “I have no words to express my grief. I don’t want to make you feel any [further] embarrassment,” the chief justice told Amin.
“Please, don’t speak with the media. Supreme Court is always open for you,” the CJP remarked. He asked him if he wanted to say anything. On it, the aggrieved father broke into tears and said that he just wanted exemplary punishment for the culprit so that no one could even think about killing children.
“I just want that the culprits should be hanged publically,” Muhammad Amin said. On it, the CJP empathised with the grieving father.
“No, negligence would be tolerated in the child girls’ case,” Justice Nisar remarked while addressing the IGP and JIT head present before the court.
“The investigators would not be spared if they committed any mistake in the investigation,” he warned, and asked the investigators not to succumb to any pressure as the court was standing with them.
The bench asked IGP Arif Nawaz Khan about completion of investigation. He replied that under the Anti-Terrorism law, they could keep an accused into custody for 90 days. The CJP said they would not allow him [IGP] such long time for probe .
“Complete the investigation in ten days,” the CJP ordered. The police chief pleaded the bench to give him two weeks. The bench accepted the plea and directed him to complete investigation in two weeks and submit challan before the court.
Source: The Nation