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Judge recuses from hearing plea to get Model Town incident probed into by SC


LAHORE: Justice Mamoon Rashid Sheikh, of the Lahore High Court (LHC), on Tuesday declined to hear a petition seeking directions to set aside the findings of an LHC judicial tribunal formed to investigate Model Town incident of June 17 and to get the incident probed into afresh by a commission consisting of Supreme Court (SC) judges.
As the proceedings started, the judge recused himself from hearing the petition and referred it to acting chief justice, who ordered to fix it before Justice Muhammad Ameer Bhatti, who is already hearing a similar case, on Wednesday. 
Now, Justice Bhatti will hold preliminary hearing on the petition today (Wednesday).
A lawyer, Muhammad Irfan, filed the petition through his counsel Muhammad Azhar Siddique, who stated that the inquiry held by an LHC judge was one-sided as no representative of the aggrieved party (Minhajul Quran) appeared before it. The petitioner sought a direction for constitution of a judicial commission consisting of SC judges in view of suggestions made by the representatives of the aggrieved party that they have faith in the apex court. 
He stated that the inquiry conducted by the LHC judge was vague, uncertain and had failed to cater to the issues. 
He stated that the inquiry should be reviewed and that it may be set aside if it has failed to unearth the real culprits.
He also requested the court to direct the government to provide him final findings of the Model Town inquiry tribunal in view of Article 19-A of the constitution and that the same findings may also be placed on the record of the court. 
He also sought an amendment to the relevant law to enhance jurisdiction, power and authority of a tribunal, so that its recommendations may not only be implemented but enforced as a judicial order and that any failure on part of the government to implement any such recommendations may lead to legal action.

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