ISLAMABAD: The Islamabad High Court (IHC) formally charged on Thursday ex-chief justice of Gilgit-Baltistan Rana Shamim for allegations he levelled against former chief justice of Pakistan Saqib Nisar in a signed affidavit in London.
IHC Chief Justice Athar Minallah, meanwhile, deferred indictment against the journalists in the case after Attorney-General of Pakistan (AGP) Khalid Jawed Khan and an amicus curiae requested it.
The AGP, amicus curiae Reema Omer, Nasir Zaidi, Faisal Siddiqui, The News’ Editor Investigations Ansar Abbasi, and the publication’s editor-in-chief were present during the hearing.
The contempt of court case pertains to the publication of an affidavit containing serious allegations that ex-chief justice of Pakistan Saqib Nisar attempted to influence a case against former prime minister Nawaz Sharif and his daughter, Maryam Nawaz.
Ex-president Pakistan Federal Union of Journalists (PFUJ) Afzal Butt was also present during the hearing and when called on, he said journalists were conducting meetings on reporting court stories. “A code of conduct would be published soon.”
“I am ready to say on oath that journalists have faith in this court […] we believe that the court is the last hope,” he told the IHC CJ.
The IHC then told Shamim that the court would frame charges against him, but the ex-judge requested they be framed at a later date as his lawyer was not present.
Rejecting the plea, the IHC CJ decided to frame charges.
The IHC CJ, reading out the charge sheet, said Shamim’s affidavit was recorded in London and despite the ex-judge admitting that the document could have been leaked, he did not take action against The News’ investigative journalist Ansar Abbasi and the notary office in Britain’s capital.
“You tried to scandalise the court […] and now that the charges have been framed against you in open court, what do you have to say?” the IHC CJ asked Shamim.
At this, the ex-judge asked Justice Minallah to hand him a copy of the document, which included the charges against him.
“Do you accept the charges or not,” asked the IHC CJ, to which Shamim said he accepted some charges and disagreed with some.
Justice Minallah told the ex-judge that he could submit in writing if he wanted to defend himself. Responding to the IHC CJ, Shamim said: “If you have decided, then punish me today […] hang me if you want; why are you singling me out.”
Shamim seeks investigation
Meanwhile, Shamim said that for justice to prevail, an affidavit of the former CJP was also crucial in this case, as he asked the court to also seek Nisar’s response. “Former chief justice’s affidavit should be presented before the [court] and an opportunity should be given to cross-examine him.”
The ex-judge told the IHC CJ that until it is proven that the facts mentioned in his affidavit were false, a case of criminal proceedings could not be formed against him.
He mentioned that he had “no plans” of publishing the affidavit, as he praised the judiciary, saying that he respects the court, whose judges make decisions in line with the law.
“I request the court that an inquiry into the affidavit be conducted instead of framing charges,” he said.
At this, the IHC CJ asked Shamim if he had ever heard a contempt case, as he was a former chief justice himself.
“No, I have never heard such cases, nor do I believe in the concept of contempt,” Shamim responded.
At this, Justice Minallah explained to Shamim that despite the framing of charges, he would still be given the chance to defend himself.
Moreover, adjourning the indictment against the journalists, Justice Minallah said that if it was found during the trial that the news story was published deliberately, action would be taken.
After the arguments, Justice Minallah adjourned the proceedings till February 15 and asked Shamim to present his written response.
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