Tag: Athar Minallah

  • ‘Affidavit was sealed, don’t know how it was leaked’: Rana Shamim’s response on Saqib Nisar

    ‘Affidavit was sealed, don’t know how it was leaked’: Rana Shamim’s response on Saqib Nisar

    The former chief judge of Gilgit-Baltistan Rana Shamim on Tuesday told the Islamabad High Court (IHC) that the affidavit he had signed accusing former Chief Justice of Pakistan (CJP) Saqib Nisar was leaked.

    “My affidavit was sealed and only [kept] with my family. I don’t know how it was leaked,” said Rana Shamim.

    Chief Justice IHC Justice Athar Minallah had previously taken notice of the story published in The News, in which Judge Shamim in a signed affidavit wrote that he was a witness to Nisar giving directions to a high court judge, not to release Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 general elections. The report was written by senior journalist Ansar Abbasi.

    IHC judge had directed the ex-judge to submit his response.

    Presiding over the hearing, Justice Minallah said the case was related to his court and its accountability, adding, that the judiciary’s freedom was dependent on the freedom of the press.

    Justice Minallah asked Shamim whether he had submitted his response as asked by the court earlier to which the latter replied that there had been a tragedy in his family and requested the court to give him time till December 12 and schedule the next hearing after that.

    The IHC chief justice gave Shamim five days to submit his written response.

    “I have not yet seen my affidavit,” the ex-GB judge informed the court.

    “You must have recorded the affidavit for some purpose. You will inform in the written response how the affidavit was revealed after three years,” pressed IHC judge, inquiring whether Shamim had given the affidavit or not.

    Attorney General of Pakistan (AGP) Khalid Jawed Khan, who was also present in today’s hearing, requested the court to direct Shamim to present the “original” affidavit in the IHC, stating, “This case is related to Article 19 and Article 19-A of the Constitution. The media’s role is secondary, responsibility lies on Rana Shamim.”

    “Maybe his son leaked the affidavit,” he contended, referring to Ahmed Hassan Rana, Shamim’s son and lawyer.

    Shamim said he had only one son, reiterating that he had not seen the affidavit himself.

    At this, Justice Minallah directed Shamim to submit his affidavit in court.

    When Shamim sought time to submit the affidavit, the AGP countered that the document was not 10 years old.

    The former GB chief judge repeated his statement that he had not seen the affidavit, and read it in the news report published.

    “Does he not remember [what happened on] November 10? If he has not written [the affidavit], who has?” the AGP questioned. “Every day is very important,” he added, referring to Shamim’s requests for more time.

    The IHC chief justice remarked that he does “not believe in contempt of court”, adding that judges should be held in higher regard.

    “Rana Shamim’s statement today has further complicated the case. Judges should not be used for political narratives,” said Minallah.

    The IHC adjourned proceedings of the case till December 7.

  • ‘What can you say, you have already caused the harm you had to cause’: Athar Minallah grills Ansar Abbasi on Saqib Nisar affidavit

    ‘What can you say, you have already caused the harm you had to cause’: Athar Minallah grills Ansar Abbasi on Saqib Nisar affidavit

    The Islamabad High Court (IHC) on Tuesday issued show-cause notices during a hearing of the case related to the allegations against ex-Chief Justice of Pakistan (CJP) Saqib Nisar by former chief justice (CJ) of Gilgit-Baltistan Justice (retd) Rana Shamim, reports Geo Urdu.

    Shamim’s lawyer appeared before the court on his behalf and informed that Justice Shamim wasn’t feeling. He said Shamim’s brother had passed away.

    IHC Chief Justice Athar Minallah called Mir Shakil- ur-Rahman, editor-in-chief Jang, to the rostrum.

    “I have summoned you with a heavy heart,” Athar Minallah said, adding that there is a difference between social media and newspapers and that a newspaper has an editorial policy and editorial control.

    “The judges of this court are accountable and face criticism,” Justice Minallah said, adding that if the people do not trust the judiciary, there will be chaos in society.

    Justice Minallah said: “Please hold us [judges] accountable, but don’t create controversies.”

    IHC chief justice directed journalist Ansar Abbasi to read out the headline of his story published in The News.

    “Do you think the judges of our court take instructions from anyone?” Justice Minallah questioned, saying that this affidavit is not part of any judicial record.

    At this, Abbasi asked if he could say something.

    “What can you say, you have already caused the harm you had to cause,” the IHC CJ responded.

    After being allowed to speak in court, Abbasi said he respects the IHC chief justice and the story was his and so if the court wants to take any action, it should be against him.

    “The editor and editor-in-chief are not to be blamed in this matter,” said Abbasi, adding that this was not his statement and that it belonged to the former chief justice of the Supreme Court of Gilgit-Baltistan.

    “I am a journalist, my job is to convey the message. I also confirmed this from Justice Shamim,” he added.

    Abbasi further added that he did not even mention the name of the high court judge in his story.

    However, Justice Minallah said that this charge has been levelled against the court, it has been alleged that [the] High Court takes directions from others. “We will not compromise on the dignity of this court.”

    “We had no such intention as you think,” Justice Minallah told Abbasi, adding that it is constantly being reported that it was said that do not release them [Nawaz Sharif and Maryam Nawaz] before the election.

    He also asked Abbasi whether he had checked who was part of the bench hearing the cases against the PML-N leaders, adding that he and Justice Aamer Farooq were abroad when the appeal was filed and the case was fixed for hearing.

    “Justice Mohsin Akhtar Kayani and Justice Miangul Hassan were present in the country at the time. Did you inquire about this from the high court registrar?”

    He observed that noted lawyers were part of the case against the PML-N leaders. “Did you ask them if they had requested a date before the general elections?”

    He said that Khawaja Haris was the petitioner at the time. “Did you check with him about the bench hearing the case?”

    “If another judge spoke like this in front of me I would get in touch with the Supreme Judicial Council,” he said.

    “A person witnesses the CJP asking someone to commit a crime. The person stays silent for three years and an affidavit concerning the incident surfaces. How can a newspaper publish such a document?” he asked.

    Earlier it was reported that on directions of the ex-CJP Saqib Nisar, a high court judge did not release Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 general elections. A news report was published in The News, based on a signed affidavit of the ex-CJ Gilgit Baltistan.

    “Mian Muhammad Nawaz Sharif and Maryam Nawaz Sharif must remain in jail until the general elections are over. On assurances from the other side, he (Saqib Nisar) became calm and happily demanded another cup of tea,” said the affidavit.

    The affidavit contains the signature of the ex-CJ of Gilgit Baltistan as well as an image of his CNIC. The notary public stamped the affidavit and recorded that it was “sworn under oath before me” on November 10, 2021.