The Islamabad High Court (IHC) on Monday decided to seal former Gilgit-Baltistan's (G-B) chief justice (retd) Rana Shamim’s original affidavit, which was used to level serious allegations against ex-chief justice of Pakistan Mian Saqib Nisar, till the next hearing on December 28.
Justice (retd) Shamim, in the affidavit, reportedly accuses fellow former jurist Nisar of collusion to deny bails to the top PML-N leadership prior to the 2018 general elections.
Chief Justice Athar Minallah heard the contempt case, which was initiated after a national daily published a report detailing the controversial affidavit last month. Shamim appeared before the court during the proceedings.
During the last hearing, Attorney General for Pakistan (AGP) Khalid Jawed Khan pleaded the IHC that all persons in the contempt of court case be indicted, including Justice (retd) Shamim.
The original affidavit had been received by the court and was to be opened during the next hearing of the case on December 20 (Monday).
A sealed envelope containing the affidavit sent by courier from London was produced in the court during the hearing. Justice Minallah told Justice (retd) Shamim that the court wanted him to open his own sealed envelope.
Justice (retd) Shamim's lawyer Latif Afridi said a new inquiry will be launched.
“Being printed in the newspaper is a side issue. Rana Shamim believes that what has been published is actually true,” the IHC chief justice said. Justice Minallah told Afridi that his client believed that what was published in the newspaper was in accordance with the affidavit.
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“You have to support your statement that giving an affidavit three years after the case is not questionable in the judiciary,” the judge told Justice (retd) Shamim.
“Rana Shamim says that the judges of the entire high court were compromised,” the IHC top judge said. “No one can point a finger at the judges of this court. Three years after the case, an affidavit was issued questioning the credibility of this court and has cast doubt on it.”
Counsel Afridi said that his client maintains that he did not give the affidavit to anyone for publication.
“Rana Shamim also gave the impression that the privileged document may have been leaked by the public. If so, has any action been taken against it in the UK?” the judge asked. “This is an open inquiry and questions have been raised against us. The case will be dismissed if the court can be satisfied that there is no contempt of court.”
The IHC fixed December 28 for a preliminary review hearing of the contempt case, deciding to seal the affidavit, which will be opened at the next hearing in the presence of the attorney general.
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