CJ IHC directs Rana Muhammad Shamim to submit written reply along with copy of his original affidavit on next hearing
ISLAMABAD, Nov 30 (SABAH): Chief Justice of the Islamabad High Court (IHC) Justice Athar Minallah told the former chief judge of Gilgit-Baltistan Rana Muhammad Shamim that he tried to shake the public’s confidence in the judiciary. The CJ IHC has directed Rana Muhammad Shamim to submit the written reply along with the copy of his original affidavit on next hearing of the case.
Few days ago, Rana Muhammad Shamim had alleged in a notarised affidavit that then CJP Mian Saqib Nisar had directed a high court judge to not release Mian Muhammad Nawaz Sharif and Maryam Nawaz Sharif on bail at any cost before the 2018 General Elections.
The allegations were published in a report in The News following which the IHC had taken notice of it and directed the ex-judge to submit his response.
Presiding over the hearing on Tuesday, Justice Athar Minallah said the judiciary’s freedom was dependent on the freedom of the press. “However, there are some responsibilities that come with the freedom of the press,” he noted.
The IHC chief justice then summoned Rana Shamim to the rostrum and asked whether he had submitted a written response to the court regarding the case.
“My lawyer will tell you why I did not submit a written response,” replied Rana Shamim. “My brother’s chehlum will be held in a few days. Please hold a hearing of the case after that,” he requested.
Justice Athar Minallah told Rana Shamim that he submitted an affidavit over an incident that allegedly occurred three years ago. “A newspaper carried the details of the affidavit for the public [to read],” noted the IHC CJ.
“I was contacted after my affidavit was published. I confirmed it,” responded the former judge. “The affidavit was sealed, I don’t know how it got leaked,” he added.
“Did you not provide the affidavit to him [the reporter]?” asked Justice Minallah.
“No, I did not submit the affidavit for publication,” replied the ex-judge.
Justice Minallah asked Shamim why did he submit the affidavit in London. “The court is granting you five days to submit your written response. You will have to tell us why you submitted an affidavit after a gap of three years,” said Justice Minallah.
The IHC chief justice told Shamim that he has tried to shake the public’s confidence in the judiciary, instructing the former judge to say whatever he wanted to in the written response.
“My brother and sister-in-law’s chehlums will be held on December 5 and 12 respectively,” Shamim told the IHC chief justice. “Please hold the hearing after that.”
Attorney General for Pakistan Barrister Khalid Jawed Khan requested the court to delay action against the media, saying that its role was secondary in this case. He urged the court to direct Rana Shamim to present his written response with the original affidavit in court.
“This case is related to Article 19 and Article 19-A of the Constitution. The media’s role is secondary, responsibility lies on Rana Shamim.”
The former GB chief justice repeated his statement that he had not seen the affidavit, adding that he had been in a village and had read the report in a newspaper.
“Does he not remember [what happened on] November 10? If he has not written [the affidavit], who has?” the AGP questioned. “Every day is very important,” he added, referring to Shamim’s requests for more time.
At this, Shamim said he does not know which affidavit was reported by the media. “Let me have a look at the affidavit that was published,” he said.
“The person who submitted the affidavit is unaware of its contents,” responded the attorney-general. “If he does not know, then who helped prepare the affidavit?”
At this, the IHC chief justice directed Rana Shamim to submit his written response with the original affidavit on the next hearing.
“This should be on-record that he [Rana Shamim] does not know what is written in the affidavit,” stated the attorney-general. “The affidavit was submitted on November 10 and today, he says he does not know what is written in it.”
Justice Minallah asked the former judge to also submit a written response to the show-cause notice sent to him by the high court.
“I do not believe in contempt of court,” stressed Justice Minallah. “Judges should face criticism. However, please refrain from maligning this high court for the sake of political narratives,” he added.
Justice Minallah also directed the other three respondents — Jang group editor-in-chief Mir Shakilur Rehman, editor of The News Amir Ghauri and senior journalist Ansar Ahmed Abbasi — to provide copies of their written responses to the amici curiae, observing that the court wanted the matter to proceed in a transparent manner.
The IHC chief justice remarked that he does “not believe in contempt of court”, adding that judges should be held in higher regard.
“Rana Shamim’s statement today has further complicated the case. Judges should not be used for political narratives,” he further observed.
When Shamim informed the court that it would be “very difficult” to get the original affidavit from the UK by December 7, Justice Minallah said the attorney general would help the ex-judge in this regard.
He directed Shamim to submit both his response as well as the affidavit by December 7 and adjourned the hearing till that date.
Rehman informed the court that he had to appear for a hearing in connection with a National Accountability Bureau (NAB) case against him on that date. The judge then directed him to submit an application for exemption from proceedings.
Mir Shakilur Rehman told the court that his newspaper “always struggled for the supremacy of [the] constitution and rule of law”. He said he had complete faith in the judiciary, requesting the court to withdraw the show-cause notice.
Faisal Siddiqui Advocate, the amicus curiae, advised the court to continue contempt of courts proceedings against the accused. The IHC CJ also sought copies of replies to the show-cause notices submitted to the amici curiae. The IHC adjourned proceedings of the case till December 7.
Following the hearing, Shamim was bombarded with questions by journalists at the IHC to which he only responded with “no comments please.”