IHC won’t 'hesitate' in acting against ex-CJP Nisar
Islamabad High Court Chief Justice Athar Minallah on Tuesday observed that the IHC would not hesitate in proceeding against former chief justice of Pakistan Saqib Nisar, if anyone or ex-chief justice of the Gilgit Appellate Court, Rana M Shamim, bring froth any evidence against the former top judge for manipulating judicial proceedings against the Sharif family in the Panamagate case.
The IHC CJ also wondered why Shamim had not approached the Supreme Judicial Council (SJC) against the former CJP for initiating misconduct proceedings when an offence was committed in front of him.
Justice Minallah’s observations came while hearing a contempt of court case against investigative journalist Ansar Abbasi, Editor Amir Ghouri and Editor-in-Chief Mir Shakilur Rehman for publishing a story on a sub-judice matter.
In his story, Abbasi had published an affidavit of Shamim. The former chief justice of the Gilgit Appellate Court had claimed in the affidavit that former CJP Nisar, in his presence, had called an IHC judge and told him to keep former premier Nawaz Sharif and his daughter Maryam Nawaz in jail during the 2018 elections.
However, this claim was denied by the former CJP in a conversation with journalists the same day.
“The allegations made in the purported affidavit definitely amounted to grave misconduct. It was his [Shamim] duty to have immediately reported the matter to the Supreme Judicial Council because he himself was holding a responsible judicial office,” read a six-page order authored by the IHC CJ.
“There is also no explanation of the timing of releasing the purported affidavit to a reputable newspaper because the matter related to pending proceedings and the appeals were fixed for hearing on November 17, 2021. The inaction on part of Rana Mohammad Shamim and his subsequent conduct was unbecoming of a judicial officer and, prima-facie, raises questions regarding his bonafides and integrity.”
The judge noted that the aforementioned crucial factors were not verified by Ansar Abbasi, Aamir Ghouri and Mir Shakeel-ur-Rehman.
“In the facts and circumstances, there is a presumption that the contents of the purported affidavit are false unless it is rebutted.”
The order read that the purported affidavit was not part of any judicial proceedings as it was related to the appeals pending before this court and which were fixed for hearing on November 17.
It further read that judges ought to be accountable and open to criticism. “But interference with the administration of justice, casting unfounded aspersions on the integrity, independence and impartiality of a Court, shakes the foundations of the source of justice and the confidence of the people in the judicial system.”
The judge observed that “imputing oblique motives, impropriety, bias and improper motives”, particularly in pending proceedings, obstructed the course of justice.
“Bonafide criticism must be encouraged but interference with the administration of justice affects the litigants because when confidence of the people is eroded in the Courts, it becomes impossible to protect their rights and liberties.”
Read Ex-CJP rejects allegations of keeping Nawaz in jail till 2018 polls
The court also noted that the news report and the purported affidavit had cast scandalous aspersions on the integrity, independence and impartiality of the court and its judges.
“Liberty of the press and freedom of speech are of paramount importance but they are not absolute.
They are subservient to proper administration of justice.”
The order read that the alleged contemnors had attempted to undermine public confidence in the impartiality and independence of this court and its judges.
“The report published in ‘The News’ and contents of the purported affidavit, prima facie, tend to influence the proceedings and determination in a pending matter. They have attempted to obstruct the administration of justice. They have failed to give a plausible explanation as to why proceedings under the Contempt of Court Ordinance, 2003 should not be initiated against them. This is an opportunity for holding this court accountable.”
The IHC judge noted that the onus is on the alleged contemnors to establish their bonafides by satisfying that the alleged aspersions were not unfounded to the extent of the court and its judges.
“Keeping in view the importance of the questions raised in the petition in hand, it would be appropriate to appoint amici curiae for assistance.”
The court appointed Pakistan Bar Council Vice President Khush Dil Khan, the Pakistan Federal Union of Journalists president as well as renowned lawyers Faisal Siddiqui and Reema Omer as amici curiae
“The Attorney General for Pakistan or the Advocate General, Islamabad Capital Territory, as the case may be, shall prosecute the alleged contemnors,” read the order.
The IHC registrar was directed to issue show cause notices to Shakil ur Rehman, Aamir Ghouri, Ansar Abbasi and Shamim.
“The show cause notices are directed to be issued under the Contempt of Court Ordinance, 2003. The alleged contemnors shall submit their respective replies within seven days. The alleged contemnors are directed to appear in person on November 26, 2021.”
During the hearing, the bench asked Ansar Abbasi as to whether or not he had contacted the registrar of the court before filing his news report. The bench also asked him as to whether or not the verification of the contents of the purported affidavit was made in accordance with the editorial policy and journalistic norms.
He stated that confirmation of the affidavit was sought from its executor, Shamim. He added that he was only a “messenger” and had not violated any journalistic norms.
The order further read that the lawyers for the appellants, who were seeking suspension of sentence, were also not contacted to verify whether or not they had requested that the petition be fixed before the general elections, which were held on July 25, 2018.
“The then Registrar of the Supreme Court, referred to in the purported affidavit was also not contacted.
He could also not give any satisfactory justification for notarisation of the purported affidavit in the United Kingdom on November 10, 2021, while the brother of the executor had passed away in Pakistan on November 6, 2021.”