A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday conducted the hearing of the case. Showing discontentment over the matter, Justice Ramday asked the Regional Police
Officer Hamid Mukhtar Gondal why the CPO, who is also accused in the case, was made head of the inquiry committee.
The chief justice said, “All police walas are petti bhais (all policemen are birds of the same flock) and are protecting each other.”
While addressing the Advocate General Punjab Khawaja Haris, Iftikhar Chaudhry remarked, “We should call the police from outside the country, because high police officials’ connivance with each other has made the inquiry difficult.”
The court in its written order said, “We issue this notice painfully that police came in the court pre-conceived.”
During the course of the hearing, the chief justice said they were expecting that the police officials, against whom serious allegations for allowing the car race had been levied, would remain on the sidelines. But, it was “astonishing” to see the same officials assigned to the task of conducting inquiry of the case.
Chief justice said to the RPO that due to negligence of a DIG-level officer, five innocent people lost their lives. “How terrible it would be if you were promoted to the rank of Inspector General,” he added.
He further said, “We know why you are not taking strict action against the culprits. Let us assure that we would not spare you in this matter.”
The supreme court said that the Secretary Establishment could be summoned within a few hours to suspend “such irresponsible police officials.”
Furthermore, Justice Ramday observed that police played a role of a ‘gang’ in this case. “If police had played its role professionally, the organisers would not have been able to hold the race,” he commented.
Khalid Anwar is amicus curiae of the court in this case. He apprised the court that there were four parties in the case namely, the organisers, the police, Bahria Town administration and
the spectators.
He said that spectators came on the racing track in good faith after reading advertisement of the event. “But the tragic incident took place due to the negligence of police and the organiser, while Bahria Town’s interest was to accumulate money from this event,” he said.
The court also found a link between organiser of the event and Tourism Development Corporation of Punjab. Advocate General Haris also held that police was responsible for the tragic incident. He said, “It was amazing to see the name of CPO as head of the newly constituted 10 members’ inquiry committee to probe the issue. Their negligence contributed to the death of five people.”
The court asked the RPO to present evidence on the cars which took part in the race and details of their registration. The RPO was also asked about the money earned from the event.
However, Gondal could not come up with the details. He said, “Rs200 were charged from each spectator, while Rs1500 was received against each vehicle. Around 34 cars took part in the race.”
He further said that it was decided that in case of any accident the driver of the car would be responsible. The case was adjourned till January 3.
Published in The Express Tribune, December 16th, 2010.
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