IHC indicts ex-GB judge Rana Shamim in affidavit case, defers journalists’ indictment

The Islamabad High Court (IHC) on Thursday indicted former Gilgit-Baltistan Chief Judge Rana Shamim for allegations that he levelled against former Chief Justice of Pakistan (CJP) Saqib Nisar in a signed affidavit in London.

IHC Chief Justice Athar Minallah has deferred the framing of charges against the media personnel who were also named in the case, including journalist Ansar Abbasi and Jang Group owner Mir Shakeel-ur-Rehman.

The contempt of court case is in accordance with the publication of an affidavit containing allegations that Saqib Nisar attempted to influence a case against former Prime Minister Nawaz Sharif and his daughter, Maryam Nawaz, to bring Imran Khan into power.

The IHC chief justice said the court had been disrespected and questioned whether anyone had any issue with the high court.

Justice Minallah said the court could not give a license for anyone to disrespect it. “[It is] not even realised that there was an attempt to influence a case [that was being heard in court]. This court believes in open accountability and welcomes it. Has there been any order from July 2018 till now on which this perception [of judges being compromised] fits?”

“The article is not related to Saqib Nisar but it has to do with this court. People have been told the judges of this court are compromised. A case was fixed for hearing two days later when the story was published,” Justice Minallah said.

The chief justice addressed Judge Shamim and asked if he had heard any contempt cases himself during his tenure as a judge. Shamim responded in the negative, saying he had neither heard such cases nor believed in the concept of contempt.

At this point, Justice Minallah gave Judge Shamim the opportunity to present the arguments made in his petitions. Shamim said that in the first petition he requested that a fact-finding inquiry be conducted into the case instead of framing the charges. In the other petition, he requested for the attorney general to be removed as the prosecutor.

He also said it was important for the requirements of justice that former CJP Nisar’s reply was also made part of the inquiry and cross-examined. “This will not be a case of criminal contempt unless the facts stated in the affidavit are proven wrong,” he argued.

The court proceeded to reject Shamim’s petitions and indicted him.

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, then action would be taken.

After the arguments, Justice Minallah adjourned the proceedings till February 15 and asked Shamim to present his written response.