The Islamabad High Court (IHC) on Thursday indicted former Gilgit-Baltistan chief justice Rana Shamim in a contempt of court case.
However, the court deferred framing of charges against the media personal involved in the case including investigative journalist Ansar Abbasi, editor-in-chief of a national daily, and its resident editor.
The high court had initiated proceedings against Shamim and the media personnel after an affidavit by the former G-B chief judge was published in a newspaper that accused former chief justice Saqib Nisar of influencing the case against former premier Nawaz Sharif and his daughter Maryam Nawaz.
IHC CJ Athar Minallah warned that if it came to light during the hearing that media personnel had done this deliberately, action would be taken against the as well.
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During the hearing, Shamim said his lawyer was not present and he was being singled out.
“If you have made up your mind, then punish me today,” he added.
The IHC, in its seven-page written order, stated that Shamim was read out the charges in the open court.
The former G-B judge pleaded not guilty and said he would defend himself.
The court has already appointed judicial assistants for transparent proceedings.
Attorney General for Pakistan (AGP) Khalid Jawed Khan argued that the role of the media personnel was secondary.
Judicial Assistant Faisal Siddiqui contended that though the reporter, resident editor and editor-in-chief were negligent, there could be no contempt of court case against them.
During the hearing, Justice Minallah told Shamim that he had served as a judge too and might have heard contempt of court cases.
The former G-B judge replied that he had never heard a contempt of court case. “I do not believe in it."
The IHC CJ told him that your allegation was related to this court.
“You know that the framing of charge means that you will have a chance to respond,” he added.
Shamim replied that he had appearing before him and Justice Aamer Farooq.
The IHC CJ asked Shamim if he had initiated any action against the notary public.
“We are charging you. If you have something to say in your defence, submit it in writing,” he added.
Read More: Ex-G-B judge seeks ‘impartial inquiry’ into affidavit scandal
The IHC CJ read out the indictment of the accused. The charge sheet stated that Shamim tried to influence a pending case through his affidavit.
It added that Shamim had notarised the affidavit in the UK on November 10 last year. He then leaked the document and tried to scandalise the judiciary. He not only confirmed the affidavit to journalist Abbasi but also did not stop him from publishing it.
If the affidavit was confidential as per Shamim, no action was taken on the leak.
The former G-B judge mocked the judiciary with his conduct and tried to influence a pending case in the court.
"According to you he [ex-CJP Nisar] instructed that Nawaz Sharif and Maryam Nawaz should not be released before the [general] election [2018]," the judge said.
Justice Minallah gave Shamim the opportunity to present the arguments made in his petitions.
Shamim said in the first petition, he had requested that a fact-finding inquiry be conducted into the case instead of framing the charges. In the other plea, he had requested for the attorney general to be removed as the prosecutor.
He also said it was important for the requirements of justice that Nisar's reply was also made part of the inquiry and cross-examined.
The court rejected Shamim's petitions and indicted him.
The case was adjourned till February 15.
Later while talking to the media outside the court, Shamim expressed his ignorance over how the document was leaked.
"My question before the court is that whoever has leaked affidavit should be asked [about it]," he added.
To a question about whether or not he had signed the affidavit in former premier Nawaz Sharif's office, Shamim replied: "Don't talk nonsense."
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