ISLAMABAD: Islamabad High Court Chief Justice Athar Minallah on Monday reiterated that he did not believe in maintaining court’s dignity through contempt proceedings as independent judgements restored public confidence in courts.

During the hearing of a contempt of court case based on an affidavit by former chief judge of Gilgit-Baltistan Rana Mohammad Shamim, Justice Minallah said the court was probing the matter to dispel an impression that the IHC judges were compromised.

He also advised amicus curiae Nasir Zaidi, a representative of the Pakistan Federal Union of Journalists (PFUJ), to consider the hearing as an inquiry, and not a contempt proceeding.

During hearing, the registrar office submitted the sealed affidavit of Rana Shamim.

Justice Minallah had earlier directed the former GB judge to produce original copy of the affidavit and warned of consequences for not complying with the order.

Registrar office submits sealed affidavit of former GB chief judge

In the affidavit, Rana Shamim has accused former chief justice of Pakistan (CJP) Saqib Nisar of delaying the release of former prime minister Nawaz Sharif and his daughter Maryam Nawaz.

In response to the show-cause notice issued by the IHC chief justice to Rana Shamim and others over publication of the affidavit in an English daily, the ex-GB chief judge claimed that he had neither circulated nor shared the affidavit with anyone.

Rana Shamim in his affidavit claimed that Justice Saqib Nisar had during his visit to Gilgit-Baltistan made a call to an IHC judge and asked him to ensure that Nawaz Sharif and Maryam Nawaz were not granted bail before the 2018 general election.

The statement submitted to the IHC said: “The events mentioned in the affidavit occurred on July 15, 2018 around evening time, approximately 6pm, while we were having tea and refreshments together at the official rest house of the Supreme Appellate Court of Gilgit-Baltistan.”

Mr Shamim expressed his willingness to testify the affidavit even in front of the former CJP. The statement said he is “ready to state the facts mentioned in statement on solemn oath and the answering respondent [Rana Shamim] is ready to confront the person mentioned in the affidavit i.e. former chief justice of Pakistan Mian Saqib Nisar”.

Meanwhile, the IHC chief justice also took up an application filed by senior journalist Ansar Abbasi against private TV channel ARY.

In the application, Mr Abbasi pointed out that the TV channel had wrongly attributed fake remarks to IHC Chief Justice Minallah.

It may be mentioned that the IHC administration following the broadcast of fake news also issued a press release.

Justice Minallah remarked that since the press release could not be issued against any specific TV channel, it didn’t name any media outfit. However, he said Mr Abbasi’s application pointed out a news item which was factually incorrect and misreported.

The court adjourned the hearing to December 28.

Published in Dawn, December 21st, 2021

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