ISLAMABAD: The Islamabad High Court (IHC) on Tuesday adjourned the contempt of court case against former chief judge of Gilgit-Baltistan Rana Mohammad Shamim till May 27.

Due to absence of attorney general, who was appointed as prosecutor in the case, no proceedings could take place.

IHC Chief Justice Athar Minallah resumed hearing of the case related to publishing of Mr Shamim’s affidavit in national English daily that accused former chief justice of Pakistan Saqib Nisar of delaying release of Nawaz Sharif and his daughter Maryam Nawaz on bail after their conviction in Avenfield Properties reference.

Mr Shamim appeared before the court.

The court was told that Khalid Jawed Khan, who was appointed as prosecutor by the IHC in the contempt case, has tendered his resignation from the post of attorney general.

No proceedings could take place due to absence of attorney general

Deputy Attorney General Syed Mohammad Tayyab told the court that the attorney general’s post was still lying vacant.

Justice Minallah suggested that advocate general Niazullah Niazi could be appointed as the prosecutor. However, the court was told that since he was appointed by the previous regime, therefore, he might be de-notified.

Subsequently, the court adjourned further hearing ill May 27.

IHC on January 20 indicted Mr Shamim for contempt of court.

The affidavit in question alleged that former chief justice Saqib Nisar had made a phone call to a judge of the Islamabad High Court, asking him not to release ex-prime minister Nawaz Sharif and his daughter Maryam Nawaz from prison until after the 2018 elections.

The charges framed by the court include the execution of an affidavit containing scandalous allegations, and not seeking any legal recourse against the notary public or the journalist who published its contents, following the leak of the sealed document.

The court also charged him for his three-year silence, holding that executing the affidavit in November last year was an attempt to undermine the court’s dignity, bring the administration of justice into disrespect and divert the course of justice.

In the affidavit, Mr Shamim contended that following the death of five of his close relatives, including his wife, in aspan of six months he had decided to write an affidavit to set the record straight, and requested the IHC to seek a counter affidavit from former chief justice Saqib Nisar.

He said he had gone to the US to attend a symposium on judicial activism in Pakistan.

He said he was due to return on Nov 17, but on Nov 6 he received the news of the demise of his brother which caused him to cut his trip short and return to Pakistan on Nov 7.

Since he could not get a direct flight to Pakistan, he had to transit through London and reached London on Nov 8, before boarding a flight for Karachi via Dubai on Nov 10.

It stated that Shamim “while suffering through the stress of loss of his close family members… realised the importance of writing down the incident in his knowledge as soon as possible, as per his beloved late wife’s will… and he chose to do so during his transit stay in London.”

Mr Shamim said he did not mention his conversation with former chief justice Saqib Nisar on July 15, 2018 before the Supreme Judicial Council because at the time “one of the parties in this case i.e. the former chief justice Mian Saqib Nisar, was the head of the Supreme Judicial Council and the respondent (Mr Shamim) retired within a month of the incident.

“Furthermore, the conversation with the CJ had happened outside the jurisdiction of Pakistan.”

Published in Dawn, April 27th, 2022