The Islamabad High Court (IHC) on Tuesday set January 7, 2022, as the date for framing charges against former Gilgit-Baltistan Chief Judge Rana Shamim and others in a case related to an affidavit that accuses former Chief Justice of Pakistan (CJP) Mian Saqib Nisar of colluding to deny bails to Pakistan Muslim League-Nawaz (PML-N) leadership prior to the 2018 elections.
During the hearing today, CJ IHC Athar Minallah observed that Shamim’s written response submitted to the court had “laid the entire blame” on journalist Ansar Abbasi [the journalist who published the story accusing CJP Nisar], recalling that the former jurist had also maintained that he had not shared the affidavit with anyone.
He added that in similar circumstances, courts in the United Kingdom asked journalists to disclose their sources but the IHC would not do so.
“The judge [mentioned in] the affidavit was on leave at the time. Attempts were also made to cast doubt on the two judges on the bench,” Justice Minallah said.
Justice Minallah said the matter had “nothing to do” with the former CJP. “Go and do what you want to do with Mian Saqib Nisar,” he remarked.
He recalled that proceedings had started because of an attempt to cast suspicion on judges of the high court. “[This] perception is being created which everyone has started believing as true,” Justice Minallah said.
“Where was that perception when bail was granted two weeks later by this same court?” he questioned.
Attorney General of Pakistan (AGP) Khalid Jawed Khan said that the concerned document was very important in contempt of court case. Shamim’s counsel, Lateef Afridi, responded that Shamim had said the affidavit was a “private document” and was written at his wife’s request.
“By now, even Rana Shamim must have come to know how sensitive this issue is,” Justice Minallah remarked.
“Contempt of court cases were initiated against Firdous Ashiq Awan in [the IHC] and Imran Khan in the Supreme Court. What happened in those cases? Such cases are initiated and the court has to show mercy,” Afridi responded.
Afridi said Shamim “did not know about the affidavit’s consequences when he wrote it”. The judge reiterated his question about who the beneficiaries were to which Afridi again responded that he did know and requested the court to not waste time on the issue since there were other cases pending.
The chief justice remarked, “What if Kulbhushan Jadhav (Indian spy) submitted an affidavit saying his case should not be heard by this court since it is compromised? This is a serious matter. Understand the consequences of this affidavit.”
Meanwhile, journalist Ansar Abbasi said that he had talked to Shamim a day before the report was published. “Rana Shamim also [messaged] me that what I read out was correct,” the journalist said.
Subsequently, the attorney general requested the court to indict Shamim and others. Terming Shamim responsible since he was the one who wrote the affidavit, the AG said the ex-judge had committed contempt of court.
“Since the past three days, there are [reports] that the affidavit was written in someone’s office. It is surprising that no denial has come forth,” the AG said.
Shamim’s counsel responded that the matter had been denied in a TV interview. However, the AGP argued that no denials were made by those related to the matter.
“Rana Shamim should accept that he was used and apologise. If he does, then I too will [ask the court] to not take action. If he doesn’t apologise, then set a date quickly for indictment,” the AG requested the court.
Subsequently, the court set January 7, 2022, as the date for framing charges.
