ISLAMABAD: The Islamabad High Court (IHC) on Thursday charged former Chief Justice of Gilgit-Baltistan, Rana Shamim, former Chief Justice of Pakistan Mian Saqib Nisar on charges of contempt of court for executing an affidavit in London. charged against.
The court, however, deferred the indictment of the journalists till February 15 at the request of Attorney General Khalid Javed, Nasir Zaidi, General Secretary Pakistan Federal Union of Journalists, Aslam Butt, former President National Press Club, Islamabad, as well as Advocate Faisal. Siddiqui and Advocate Reema Umar, Emissary Curie of the Court.
The court also dismissed two applications filed by Rana Muhammad Shamim, seeking initiation of investigation in the case as well as appointing Advocate General Islamabad Capital Territory as prosecutor instead of Attorney General Khalid Javed.
Rana Shamim had submitted in his application that the conduct of Attorney General Khalid Javed was hostile to him from the very first day of the court proceedings in the case, so he should not be the prosecutor in the instant case.
Earlier, when Islamabad High Court Chief Justice Athar Minallah resumed hearing in the case at 10 am, Rana Muhammad Shamim told the court that he had filed two applications in the court, so before framing of charges against him, The court should first look at the applications.
The Chief Justice of the IHC said that the court would first frame the charges against the contemptuous ones. The court was informed that Rana Shamim's lawyer Abdul Latif Afridi was on his way, to which the court said he would meet again at 11 am.
Later, when the court resumed proceedings, Attorney General Khalid Javed, along with his team, Jung Group Editor-in-Chief Mir Shakeel-ur-Rehman, Editor Inquiry, The News, Ansar Abbasi, Justice Friend Reema Omar, Nasir Zaidi, Faisal Siddiqui were all present in the court room.
Justice Athar Minallah addressed Rana Shamim and told him that the court was going to frame charges against him. The Chief Justice of the IHC told Rana Shamim, "You also remained a judge and you must have taken contempt proceedings." Rana Shamim replied, "I didn't and even I don't believe in contempt."
"This allegation is only to give you an opportunity to present your case and you will get a transparent hearing," the Chief Justice of IHC told Shamim. Rana Shamim, however, requested the court that since his lawyer was not present in the court room, it should be made at a later stage, saying that before indictment, his two applications be decided first, of which One demanded an inquiry into the matter. ,
"Inquiry about what?" IHC Chief Justice told Rana Shamim, "You have already made allegations against this court in your affidavit."
On the second application filed against learned Attorney General and seeking Advocate General of Islamabad as prosecutor in his place, IHC CJ told Rana Shamim that it is an open court which has directed the Attorney General to ensure transparent proceedings in the matter. has been appointed. , Justice Athar Minallah told Shamim, "Have you filed a case against the notary public in London when you said that the affidavit would have been issued by him to the press." "Let the charges against you be framed," said the IHC's CJ. However, Rana Muhammad Shamim intervened and requested the court to hear him.
"Do not violate the order of the court," Justice Athar Minallah admonished him. Meanwhile, the Chief Justice of IHC starts reading the charges to Rana Shamim. The Chief Justice said that "AAP Rana Muhammad Shamim executed an affidavit in London on November 10, 2021 and the former judge accepted that the document could have been leaked had not acted against The News' investigative journalist Ansar Abbasi and the notary's office." In the capital of Britain.
"You tried to defame the court [...] and now that charges have been framed against you in open court, what do you have to say?" IHC CJ asked Shamim. However, the former Chief Justice of GB asked the court to give him the copy of the charge sheet so that he could read it and reply to the contents of the charge sheet.
However, the Chief Justice kept on reading the charge sheet and asked whether he had accepted the charge sheet or not. Rana Shamim replied that he accepted some of the allegations but also disagreed with some. "Do you feel guilty", asked the IHC CJ while reading out the chargesheet from Rana Shamim.
Rana Shamim replied, "Not guilty," to which Justice Minallah told him that the court had framed charges against him and now the court would give him full opportunity to defend himself, adding that the proceedings would be conducted in a transparent manner. Justice Athar Minallah declared, "Both the applications filed by Rana Muhammad Shamim are dismissed."
The CJ of IHC told Shamim that he can give his reply in writing to defend the case. However, the former chief justice of GB said that if the court decides, he may be punished today, but questioned why he was ousted.
"Such injustice should not be done to me," Shamim told the court. Meanwhile, when the court adjourned the matter till February 10, Shamim said that he was very upset, adding that he has to come from Karachi, so the court should extend the date of next hearing. The CJ of the IHC told Rana Shamim, "But do you realize what you have done to the court." He said, he will have to appear in the court proceedings.
The court held that as already mentioned, there is prima facie no material or evidence to show that the reporting or publication in the case was motivated or intended to obstruct or interfere with the administration of justice.
The court observed that despite the reckless conduct of the reporter, editor and editor-in-chief, the court exercised restraint by not framing charges against Ansar Abbasi, Amir Gauri and Mir Shakeel-ur-Rehman at this stage.
“It is without prejudice to initiating proceedings against him if, in the course of the proceedings against Rana Muhammad Shamim, some material or evidence comes to the fore, prima facie, malice or intent on the part of the reporter, editor and editor-in-chief to obstruct indicate. or interfere with the administration of justice," the court order says.
The court directed its office to re-list the matter on February 15 for further proceedings against Rana Shamim. Earlier, when the court resumed the hearing at 11 am, Chief Justice Athar Minallah asked if anyone had any problem with this court. "It is a constitutional court and its reputation will be protected at all costs," he said.
IHC Press Association President Saqib Bashir submitted that the court always respects the freedom of the press along with the freedom of expression, so he requested the court not to level allegations against the journalists.
However, the chief justice of the IHC told the journalist that he was also highly respected for the court, but asked him to explain whether the court had been compromised. He said that he had published the affidavit but still showed no remorse.
Attorney General Khalid Javed during his arguments said that the role of other accused/journalists i.e. Ansar Abbasi, Amir Ghauri and Mir Shakeel-ur-Rehman was secondary. The learned Attorney General was of the view that though they have failed to take due care, but at this stage, action is not required under the 2003 Ordinance.
Aslam Butt told the court that journalists are holding meetings to report court stories, and added that a code of conduct would be published soon. He further said that he can say on oath that journalists had faith in this court.
"This court is the last ray of hope for us," Butt said. He said that he has held several meetings on the matter under consideration. "Please grant us an opportunity so that we can discuss the issue further, but submit that charges should not be framed against journalists," he prayed to the court.
However, Chief Justice Athar Minallah said that whatever was written in the affidavit was on record and published in the newspaper. IHC CJ said, "We tried our level best to convince the newspaper but it said whatever it has done is right." The use of a large newspaper affected the proceedings of this court. The IHC CJ said, "Through the said affidavit a narrative was given holding this court responsible."
Justice Athar Minallah remarked, "I have nothing to hide because this court believes in open accountability and if it was not done, no one would have faith in this court." July 2018.
The IHC CJ said that a news item had been published which pertained to a sub-judice matter of the court. IHC CJ remarked, "What should this court do, sit quietly and lose public confidence."
Appearing before the court, amicus curiae and PFUJ general secretary Nasir Zaidi said that he is facing the court for the first time in his life. However, he said he learned a lot from the court proceedings. Justice Athar Minallah asked Nasir Zaidi in a light mood, "Zaidi sir please tell me how to hit a whip, slow or fast." Nasir Zaidi replied that he should ask this learned Attorney General Khalid Javed, whose family also faced the scourge. Nasir Zaidi, however, argued that if he committed any mistake on the editorial or reporting side, contempt proceedings should not be initiated against him. Nasir Zaidi told the court, "It will dent the freedom of expression as well as destroy it completely." Justice Athar Minallah asked Zaidi in a light-hearted manner, 'Shouldn't I write a research paper on this.
“When there is no freedom of the press, there will be no independent judiciary either,” Justice Athar Minallah said, but added that there were some limitations. The IHC CJ observed that the judiciary was focused on the matter, which had undermined public confidence, which is unfair.
Justice Minallah remarked, “I have no concerns with anyone, but with this court,” he said, adding that the gist of the affidavit was that this court was hearing a matter after two days, while The newspaper had published the affidavit.
Attorney General Khalid Javed argued before the court that for the first time the media representatives have shown remorse, so the court should postpone the case of impeachment against the media. "Sometimes some are used intentionally or unintentionally, therefore, I request the court that the indictment against the media should be stayed," the AG submitted.
ASC Faisal Siddiqui, one of the scholars of Amici Curie, told the court that the reporter, editor and editor-in-chief were certainly negligent. However, he believed that a case of contempt was not made out. He suggested that the court may pass an order under Section 18(2) of the 2003 Ordinance showing the negligent conduct of the reporter, editor and editor-in-chief.
"This court does not want Nasir Zaidi sahib to be reprimanded again," Justice Athar Minallah told the amicus curiae in a lighter mood.
Faisal Siddiqui said that the contempt proceedings against Rana Muhammad Shamim were a due process of law. However, the CJ of IHC observed that the newspaper also published press releases of foreign media representative organizations and no one told them that the court had passed certain orders in the matter.
Faisal Siddiqui replied, "Then do an inquiry in this regard." On this, the CJ of IHC said that open court proceedings are much better and more important than investigation. Justice Athar Minallah said, "This court has been implicated in the affidavit, then there was no need for investigation." Later, the court adjourned the hearing till February 15.