ISLAMABAD: The Islamabad High Court today deferred the indictment of former Gilgit-Baltistan chief justice Rana Shamim, Jang Group owner Mir Shakilur Rehman and senior journalists Ansar Abbasi and Aamir Ghauri in affidavit leaked contempt case. In leaked affidavit Rana Shamim accused former chief justice of Pakistan Saqib Nisar of preventing the release from prison of Nawaz Sharif and Maryum Nawaz before 2018 general elections.
Chief Justice Islamabad High Court Athar Minallah gave Rana Shamim and others time till the next hearing on January 20 to reflect on the matter, saying acceptance of mistake in front of the court increases honour. He also rejected Attorney General Khalid Jawed Khan’s request to allow Mir Shakilur Rehman — who tested positive for coronavirus — to attend court proceedings via video link and said he must be present in court for the indictment.
Last month the IHC chief justice had appointed Attorney General Khalid Jawed Khan as prosecutor in this contempt of court case.
Meanwhile, Rana Shamim, his counsel Lateef Afridi, AG Khan, Ghauri and Abbasi were present during today’s hearing. Advocate General of Islamabad Niazullah Niazi and Additional Attorney General Qasim Wadood were also present.
During hearing Chief Justice Athar Minallah observed that the court believed in the freedom of expression and said that a “narrative” was being built regarding a bench of the high court comprising him, Justice Mohsin Akhtar Kayani and Justice Mian Gul Hassan Aurangzeb that judges made decisions under pressure.
He said the leaked affidavit eroded people’s trust. Addressing Ansar Abbasi, Athar Minallah said the court was not questioning the journalist’s integrity but trying to make him realize the negative impact of the story.The judge noted that Abbasi had said the newspaper would have published the affidavit even if it “may be wrong”. He asked if the newspaper did not know what case the story about the affidavit would influence, in an apparent reference to Maryam Nawaz’s ongoing appeal against her conviction in the Avenfield reference.
HC CH observed that the protection of public’s rights were most important to the court. Recalling the details of the case, Justice Minallah said that a judge had allegedly spoken to CJP Saqib Nisar but he was not part of the bench that was hearing the case against Nawaz and his daughter.
Justice Kayani and Justice Aurangzeb were part of the bench and the appeals were later heard by my bench, Justice Minallah noted. “This narrative can affect all three of us. The cases being heard by the [judges] mentioned in the story were fixed for two days later (from the date in the report).
Contradictory statements
Moreover, amicus curiae Nasir Zaidi, a senior leader of the Pakistan Federal Union of Journalists (PFUJ), urged the court not to frame charges and find a middle ground to decide this matter.
Journalist Amir Ghauri said the newspaper had also published statements made by the prime minister and ministers every day. The judge remarked that the affidavit must not have been published if the journalists were not aware about its authenticity.
