The Islamabad High Court (IHC) Monday received a sealed envelope containing an affidavit drafted by former Gilgit-Baltistan chief justice Rana Shamim in which he had accused former chief justice of Pakistan Saqib Nisar of indulging in serious judicial manipulation.
The court had given Shamim an extension for submission of the affidavit on December 20 and warned him of initiating the indictment proceedings if he failed to comply with the order.
Chief Justice Athar Minallah presided over the hearing of the case. Rana Shamim was also present in the court.
At the outset of the hearing, a sealed envelope containing the controversial affidavit, which was sent from London through a courier service, was presented in the court.
Lateef Afridi, Shamim’s counsel said, “The real affidavit was sealed and has now been brought to Pakistan on the court’s order.” CJ Minallah remarked that the court wants that the defendants open the envelope themselves, says a news report.
At this, Afridi said the act of opening the envelope may cause a new inquiry to be initiated against him.
“The court doesn’t have any objection to criticism at all. This court’s reputation was questioned with an affidavit drafted three years after [the incident],” CJ Minallah remarked.
He said Shamim gave the impression that the high court was “compromised”. At this, Afridi argued that Shamim did not give the affidavit to someone for publication. “It is not a routine case. Can a finger be pointed at any judge of this court?”
Continuing his criticism of publication of the affidavit in a news report, the IHC judge said Shamim also gave the impression that the privileged document may have been leaked from a notary public. “If so, has any action been taken against it in the UK?” he asked.
During the hearing, Pakistan Federal Union of Journalists (PFUJ) Secretary General Nasir Zaidi referred to the decisions of international courts on freedom of expression.
“A contempt of court [charge] doesn’t apply to [an act done under] the freedom of expression,” he said.
At this, CJ Minallah remarked that it was a different matter if the freedom of expression goes against public interest, adding that exception to the former ends when it is related to people’s fundamental rights. Justice Minallah said the IHC had always supported freedom of expression.
The court decided to keep the envelope sealed and have it opened in the presence of attorney-general for Pakistan during the next hearing on December 28.
Additional attorney general informed the court that Attorney General Khalid Jawed Khan was admitted to the Aga Khan University Hospital and would return by Thursday.
“The court will move forward in the light of Article 19 of the Constitution,” CJ Minallah remarked. He said the court had not reached a decision on framing charges against Shamim.
“We will dismiss the case if the parties succeed in satisfying us that the contempt of court has not been committed,” Justice Minallah said, adding that this was an open inquiry and questions had been raised about the IHC.
In the last hearing on December 13, the IHC had deferred the framing of charges in a contempt of court case against the ex-judge and three others and again directed Shamim to submit the original affidavit.