AGP requests IHC for indictment over affidavit case

CJ Minallah tells parties to file affidavits of their statements

ISLAMABAD:

Attorney General for Pakistan (AGP) Khalid Javed Khan pleaded to the Islamabad High Court (IHC) on Monday that all persons in the contempt of court case over publication of the affidavit of former chief justice of Gilgit-Baltistan Rana Shamim be indicted, including Rana Shamim himself.

During a hearing of the case pertaining to the publication of a news item regarding the affidavit of Rana Shamim, IHC Chief Justice Athar Minallah said that the parties could state their positions in the form of affidavit till Monday.

The chief justice said that it was sad that lies are becoming the truth and truth was becoming a lie. He added that he was responsible for the judges of the IHC. Previously, he added, editors of the Daily Telegraph and the Guardian had been sentenced to three months each for contempt of court.

Appearing in the court, Nasir Zaidi, the secretary general of the Pakistan Federal Union of Journalists (PFUJ), said that if the person who gave the affidavit was confirming it then it could be published. Therefore, he added, the new report by Ansar Abbasi could not be doubted.

Ansar Abbasi told the court that when he took the version of Rana Shamim, he [Rana Shamim] did not stop him from publishing the affidavit. He added that whatever was stated in Rana Shamim’s affidavit, had been reported by saying that it was the claim of Rana Shamim.

However, the chief justice told Abbasi that the court would not ask him for the source of obtaining the affidavit. Chief Justice Minallah added that he would look into the matter in the context of international law – should the affidavit still be published if it was confidential?

The chief justice pointed out the headline of the news item, and said that even the pending appeals could not be reported in that way. The chief justice said that Rana Shamim had said in his reply that the affidavit might have been leaked from notary public.

An inquiry against a notary public could be initiated if a privileged document was leaked, the IHC chief justice observed, adding that “you will explain the international rules”. He added that if the court did not enjoy trust of the people, it could not hear cases of violation of fundamental rights.

With this report, the chief justice remarked, an attempt was made to shake the trust of the people in this court. He added that the court would see into the “fair reporting” but it had some legal requirements.

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The chief justice said that he would never use the power of contempt of court but he could not ignore if the purpose was to shake the trust of the people. There was an appeal pending here, he continued, what would happen if someone says after three years that what had happened.

Chief Justice Minallah asked Abbasi to provide the name of an international organisation and he would appoint a journalist from that organisation as a court assistant. That journalist should brief the court about what should have been done in these circumstances, he added.

Attorney General for Pakistan (AGP) Khalid Javed Khan read out Rana Shamim's written reply to the show-cause notice in which Rana Shamim had said that if the intention was to insult the judiciary, he would have recorded the affidavit in Pakistan and given it to the media.

The AGP said that there was no difference between the positions of Rana Shamim and Ansar Abbasi, adding that he wanted to ask questions on this issue. He added that Rana Shamim and Ansar Abbasi should be asked to submit affidavits.

The AGP told the court that this was the case of indictment. He pleaded to the court to set a date for the indictment, wherein he would appear as prosecutor.

Ansar Abbasi denied the written statement of Rana Shamim and said that he did not tell him that it was a privileged affidavit rather [Rana Shamim] he was writing so in his written statement. He added that neither Rana Shamim told him that it was unpublishable nor did he stop him from publishing the affidavit.

The chief justice asked Abbasi did he know how much his news shook the confidence of the people in this court. He said that it was not just a contempt of court case, but it was also his accountability. He also told Abbasi that he could not spread distrust in this high court like this, adding that the editor-in-chief and the editor were also responsible.

Also, during the hearing Reema Omar appeared in the court. Chief Justice Minallah said that the court wanted her to assist it in the case. The chief justice said that whatever, Ansar Abbasi and other parties had to say, they would file affidavits and convince the court why they should not be indicted.

Meanwhile, the original affidavit of Rana Shamim had been received by the IHC, which would be opened during the next hearing of the case on December 20. According to sources, the document was sent from London to IHC registrar via a courier service.