The Islamabad High Court has ruled that publishing of reports during the pendency of a matter are the “most serious form of contempt” and “amounts to prejudicing public confidence in the administration of justice in a pending matter besides scandalising” the court.
“The report published in ‘The News’, prima facie, tends to influence the proceedings and determination in a pending matter and having the effect of obstructing the administration of justice and/or to divert the cause of justice because no such affidavit forms part of the judicial record,” IHC Chief Justice Athar Minallah said in a contempt notice issued on Monday.
The notices were issued against Editor-in-Chief Mir Shakeelur Rehman, Editor Aamir Ghouri, senior journalist Ansar Abbasi and former chief justice of Gilgit-Baltistan Rana Mohammad Shamim over publishing of news report on an affidavit wherein the latter claimed that former chief justice Mian Saqib Nisar was involved in manipulation of the IHC judicial proceedings in the Panamagate case.
The news item refers to an affidavit executed under oath by former chief justice of the Appellate Court of G-B Shamim, who claimed that he was a witness to a telephonic conversation of Justice (retd) Nisar whereby he had purportedly directed an IHC judge “not to release Nawaz Sharif and Maryam Nawaz before the 2018 general elections”.
The report also stated that Shamim confirmed executing such an affidavit when he was contacted.
Chief Justice Minallah in his order noted that the registrar has drawn attention to a news item published in a newspaper. The bench noted that the news item is regarding pending appeals, which are fixed for hearing on November 17 before a division bench of the IHC led by Justice Amir Farooq.
The IHC division bench is hearing PML-N leader Maryam’s appeal against her conviction in the Avenfield graft case.
Read IHC takes notice of accusations against former CJP Saqib Nisar
“Trial outside a court in any form which tends to influence the proceedings and determination in a pending matter attracts the offence of criminal contempt,” the CJ said.
The order noted that maintaining integrity of the administration of justice is in public interest. “The aforementioned publication, prima facie, appears to undermine public confidence in the impartiality and independence of this court and its honourable judges.
"Safeguarding the dignity and decorum of this court and the administration of justice is inevitable for upholding the rule of law and to ensure that disputes are decided in a fair and uninfluenced manner.
"The office is, therefore, directed to issue notices to Mir Shakeelur Rehman, editor-in-chief, Aamir Ghouri, editor, and Ansar Abbasi, journalist of ‘The News International of the Jang Group of Newspapers’. Notice is also directed to be issued to Rana Mohammad Shamim, former chief justice of G-B. Notices are directed to be issued through all modes."
The order said that these respondents are directed to appear in person before this court at 10:30am on November 16, 2021 to explain why proceedings under the Contempt of Court Ordinance, 2003, may not be initiated against them read with Article 204 of the Constitution of the Islamic Republic of Pakistan, 1973.
Notices are also directed to be issued to the attorney general for Pakistan and the advocate general, Islamabad Capital Territory.
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