‘What can you say, you have already caused the harm you had to cause’: Athar Minallah grills Ansar Abbasi on Saqib Nisar affidavit

The Islamabad High Court (IHC) on Tuesday issued show-cause notices during a hearing of the case related to the allegations against ex-Chief Justice of Pakistan (CJP) Saqib Nisar by former chief justice (CJ) of Gilgit-Baltistan Justice (retd) Rana Shamim, reports Geo Urdu.

Shamim’s lawyer appeared before the court on his behalf and informed that Justice Shamim wasn’t feeling. He said Shamim’s brother had passed away.

IHC Chief Justice Athar Minallah called Mir Shakil- ur-Rahman, editor-in-chief Jang, to the rostrum.

“I have summoned you with a heavy heart,” Athar Minallah said, adding that there is a difference between social media and newspapers and that a newspaper has an editorial policy and editorial control.

“The judges of this court are accountable and face criticism,” Justice Minallah said, adding that if the people do not trust the judiciary, there will be chaos in society.

Justice Minallah said: “Please hold us [judges] accountable, but don’t create controversies.”

IHC chief justice directed journalist Ansar Abbasi to read out the headline of his story published in The News.

“Do you think the judges of our court take instructions from anyone?” Justice Minallah questioned, saying that this affidavit is not part of any judicial record.

At this, Abbasi asked if he could say something.

“What can you say, you have already caused the harm you had to cause,” the IHC CJ responded.

After being allowed to speak in court, Abbasi said he respects the IHC chief justice and the story was his and so if the court wants to take any action, it should be against him.

“The editor and editor-in-chief are not to be blamed in this matter,” said Abbasi, adding that this was not his statement and that it belonged to the former chief justice of the Supreme Court of Gilgit-Baltistan.

“I am a journalist, my job is to convey the message. I also confirmed this from Justice Shamim,” he added.

Abbasi further added that he did not even mention the name of the high court judge in his story.

However, Justice Minallah said that this charge has been levelled against the court, it has been alleged that [the] High Court takes directions from others. “We will not compromise on the dignity of this court.”

“We had no such intention as you think,” Justice Minallah told Abbasi, adding that it is constantly being reported that it was said that do not release them [Nawaz Sharif and Maryam Nawaz] before the election.

He also asked Abbasi whether he had checked who was part of the bench hearing the cases against the PML-N leaders, adding that he and Justice Aamer Farooq were abroad when the appeal was filed and the case was fixed for hearing.

“Justice Mohsin Akhtar Kayani and Justice Miangul Hassan were present in the country at the time. Did you inquire about this from the high court registrar?”

He observed that noted lawyers were part of the case against the PML-N leaders. “Did you ask them if they had requested a date before the general elections?”

He said that Khawaja Haris was the petitioner at the time. “Did you check with him about the bench hearing the case?”

“If another judge spoke like this in front of me I would get in touch with the Supreme Judicial Council,” he said.

“A person witnesses the CJP asking someone to commit a crime. The person stays silent for three years and an affidavit concerning the incident surfaces. How can a newspaper publish such a document?” he asked.

Earlier it was reported that on directions of the ex-CJP Saqib Nisar, a high court judge did not release Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 general elections. A news report was published in The News, based on a signed affidavit of the ex-CJ Gilgit Baltistan.

“Mian Muhammad Nawaz Sharif and Maryam Nawaz Sharif must remain in jail until the general elections are over. On assurances from the other side, he (Saqib Nisar) became calm and happily demanded another cup of tea,” said the affidavit.

The affidavit contains the signature of the ex-CJ of Gilgit Baltistan as well as an image of his CNIC. The notary public stamped the affidavit and recorded that it was “sworn under oath before me” on November 10, 2021.