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During the hearing, Rana Shamim said that former Chief Justice of the Supreme Court Saqib Nisar should also be summoned in the court so that he could cross-examine the affidavit.
ISLAMABAD: The Islamabad High Court (IHC) has indicted former Gilgit-Baltistan Chief Justice Rana Shamim on charges of defaming the judiciary, however, the case against the other accused in the case has been postponed.The contempt case was heard by Islamabad High Court Chief Justice Athar Minallah on Thursday.
Rana Shamim has been indicted in the context of an affidavit that was recently published in the local media, alleging that in 2018, the then Chief Justice of the country, Mian Saqib Nisar, had approached the Supreme Court. The registrar was ordered to meet Judge Amir Farooq of the Islamabad High Court and tell him that before the general elections in 2018, former Prime Minister Mian Nawaz Sharif and his daughter Maryam Nawaz should not be granted bail in accountability cases. ۔
The court indicted the former Gilgit-Baltistan judge and read out an affidavit he had written in front of a notary public in the UK.
Mir Shakeel-ur-Rehman, owner of Jang and Geo Group, Amir Ghauri, editor of Akhbar The News and Ansar Abbasi were also issued contempt of court notices in the case. The court adjourned the indictment proceedings saying that if during the proceedings of this case there was an impression that the affidavit was published deliberately, the court would also indict these persons.
Rana Shamim is the first judge in the history of Pakistan to be indicted in a contempt of court case.
Earlier, during the tenure of former Chief Justice Sajjad Ali Shah, a notice was issued to Federal Shariat Court Judge Shafi Mohammadi in a contempt of court case for uttering insulting words about the Supreme Court while writing a judgment. ۔ The aforesaid judge of the Federal Shariah Court resigned from his post.
"Does the garbage sound loud?"
Islamabad High Court Chief Justice Athar Minallah had fixed Thursday as the date for indictment of the accused in the contempt of court case.
When the hearing began, Nasir Zaidi, a representative of the journalists' association, said that there may have been an editorial error in publishing the affidavit, but if the journalists were indicted on the basis of this error, then not only the world. I will bring disgrace to the country and it will also affect freedom of expression.
The head of the bench remarked that the independence of the judiciary is also linked with the freedom of expression but there should be a difference between freedom of expression and scandalizing an institution.
He said that the affidavit was published at a time when a special case was being heard in the Islamabad High Court.
Nasir Zaidi said that the journalists' organizations have made rules and regulations in which it will be decided how any matter should be discussed regarding the cases pending in the courts.
In this case, Prosecutor Attorney General Khalid Javed Khan agreed with Nasir Zaidi that Rana Shamim should be indicted and if the indictment against the other three persons could not be dropped then at least it should be postponed. Be done
Saqib Bashir, president of the Islamabad High Court Journalists Association, also requested the court to defer the indictment to the extent of journalists.
The Chief Justice of the Islamabad High Court seemed to be satisfied with this and addressing Nasir Zaidi said, "Mr. Zaidi, tell me if the rubbish is loud." The judge's remarks caused laughter in the court. It should be noted that Nasir Zaidi is one of the journalists who were flogged during the time of former military president Zia-ul-Haq.
Nasir Zaidi, referring to the Attorney General, said that his father had also been flogged during Zia's tenure.
"Judge, don't single me out."
When Rana Shamim was called to the rostrum, he said that if there is to be an indictment, then all the people should be gathered.Addressing the Chief Justice, he said, "Judge, don't single me out."
The head of the bench, while addressing him, asked whether he had taken any action against the journalist who published the news and the notary public before whom he had recorded the statement.
He replied in the negative, but at the same time the former chief justice of Gilgit-Baltistan said that he had not asked the journalist to publish the affidavit.
He said that first they should inquire into his affidavit and then charge him.
Rana Shamim said that former Chief Justice of the Supreme Court Saqib Nisar should also be summoned in the court so that he could cross-examine the affidavit. On this, the Chief Justice of the Islamabad High Court said that the proceedings in the open court are more important than the inquiry.
He said that it is still an indictment and the indictment is not a decision on which Rana Shamim says that the way the court is treating him, it is better that he should be sentenced along with the indictment.
The former Gilgit-Baltistan chief justice objected to the attorney general acting as prosecutor and said he hated him, so the chief justice questioned who he thought should be the prosecutor in the case.
On this Rana Shamim said that the Advocate General of Islamabad should be appointed as the Prosecutor but the court did not agree to this.
The court adjourned the case till February 15.
