Tag: Islamabad High Court

  • Want a hotshot space in jail? Report reveals bribery makes influential prisoners live easy

    Want a hotshot space in jail? Report reveals bribery makes influential prisoners live easy

    It has been revealed in a report that the powerful and rich class in prison are bribing guards for special perks and facilities.

    A team led by Director-General (DG) Human Rights visited the jails and submitted its report to the Islamabad High Court (IHC).

    The report said that prison officials acknowledge that they are under intense political pressure. It has also been revealed that influential prisoners from Jhelum and Mianwali are being kept in Adiala Jail due to pressure from the Home Department. The report also revealed that inmates of Bhakkar Jail had provided evidence of money transfer to jail authorities.

    According to the report, the brother of one of the prisoners gave evidence of giving one lakh 40,000 to a jail guard.

    The report further suggests that prison officials are not aware of basic human rights. The prison meeting registers also indicate discrimination against inmates for meeting times and frequencies.

    The report also states that when senior police and prison officials are shown around the premises, not all that is shown and told is true. The report recommends training in human rights for prison officials.

  • Follow up: What happened in the Usman Mirza case?

    Follow up: What happened in the Usman Mirza case?

    Usman Mirza is prime suspect in couple harassment case. A video of Usman Mirza and his friends went viral on social media in which they were torturing and assaulting a couple in Islamabad. Moreover, the accused persons continued blackmailing the couple after filming the couple in which they were forced to have sexual intercourse at gunpoint.

    Soon after the details were revealed, Prime Minister (PM) Imran Khan directed the police to ensure justice. However, recently the case has taken an unexpected turn. The following is the brief timeline of the incident which has created a debate on media platforms.

    July 6: A video of Usman Mirza harassing a couple went viral on social media which created an outrage across the country.

    July 7: Usman Mirza was arrested by Islamabad police.

    August 2: Mirza filed a bail plea but was rejected by Islamabad High Court (IHC) and he was sent to Adiala Jail till September 10.

    September 27: The police submitted a challan in the court, in which victims’ statements were recorded.

    September 28: Indictment of at least three suspects, including Mirza.

    October 3: Initiation of legal proceedings against the suspects.

    January 10: The lawyer of the victim reported that the victims’ mobile phones were switched off. Reports that victims had been paid off.

    January 11: On the day of the hearing, the female victim refused to identify any of the accused and said she does not want to pursue the case.

    She also told the court that she did not want to appear for subsequent hearings in the case. However, the judge told her that she would have to appear and adjourned the hearing for January 18.

  • ‘Used’:Rana Shamim in trouble as court frame charges against ex-judge

    ‘Used’:Rana Shamim in trouble as court frame charges against ex-judge

    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.

  • Ex-GB judge Rana Shamim submits controversial affidavit against former CJP Saqib Nisar in IHC

    Ex-GB judge Rana Shamim submits controversial affidavit against former CJP Saqib Nisar in IHC

    Former Gilgit-Baltistan Chief Judge Rana Shamim on Monday submitted in the Islamabad High Court (IHC) his original affidavit accusing former Chief Justice of Pakistan (CJP) Saqib Nisar of conspiring to deny bails to top Pakistan Muslim League-Nawaz (PML-N) leadership prior to the 2018 general elections.

    Chief Justice IHC Justice Athar Minallah had issued the order after going through the reply submitted by Justice Shamim in which he explained reasons for executing the statement on oath — dated November 10, 2021.

    During today’s hearing, Lateef Afridi, Shamim’s legal counsel, informed the court that the affidavit had been submitted to the IHC and the former judge has been “standing by his statement since the first day”, reports Dawn.

    “The real affidavit was sealed and has now been brought to Pakistan on the court’s order,” said Afridi.

    Justice Minallah said the sealed envelope was in its original condition and had not been opened by the court yet.

    “The attorney general had said the media’s role is secondary. Rana Shamim has admitted that the content published in the newspaper (The News report) is [the same as] in his affidavit. Rana Shamim has cast doubt on all judges of the IHC,” the chief justice said, adding that the court had already made it clear that it did not fear criticism.

    Justice Minallah then turned to Shamim’s counsel and asked him to open the envelope, upon which the counsel said that a new inquiry could be started by opening a sealed envelope.

    “This is an open inquiry. This is our accountability,” the judge said. He added that Shamim had apparently made “a very big statement without any evidence” and given an impression that all IHC judges were “compromised”.

    Afridi said his client maintained that he did not “leak” the affidavit.

    “Can a finger be pointed at any judge of this court? The court will not ask the journalist about the source of his news. This court is hearing many important cases related to fundamental rights,” Justice Minallah remarked.

    The judge called for evidence to be presented regarding the public opinion that was being built, saying the public’s trust in the court should not be eroded.

    “This court will not deviate from the law,” Justice Minallah remarked. He added that the next hearing would be held on Thursday. However, Afridi said he would not be able to attend the hearing on that date.

    Subsequently, Afridi requested the court to adjourn the hearing until after winter vacations were over. However, Justice Minallah observed that the IHC had not issued any notification about vacations.

    The hearing was adjourned till December 28.

  • Shehbaz or Maryam: Who will be PML-N’s candidate for PM slot in 2023, reveals spokesperson

    Shehbaz or Maryam: Who will be PML-N’s candidate for PM slot in 2023, reveals spokesperson

    Pakistan Muslim League-Nawaz (PML-N) leader Muhammad Zubair while speaking on Geo News programme ‘Aaj Shahzeb Khanzada Kay Sath’, said that the party vice-president Maryam Nawaz has political ambitions hinting that she might be a candidate for the position of prime minter in the next general elections from PML-N.

    His comments come after former prime minister Shahid Khaqan Abbasi had announced that Leader of the Opposition Shehbaz Sharif will be PML-N’s candidate for prime minister in the general elections of 2023.

    Khaqan made these comments during a political talk show on Dawn News, ‘Khabar Se Khabar’. He said as Maryam Nawaz was not illegible, it’s likely that the party president is nominated since he leads the party.

    “Shehbaz Sharif is our president and he will be our next candidate for prime minister,” said Khaqan.

    Responding to Khaqan’s comments, Zubair said that Khaqan was one of the most senior members of PML-N and that he could not challenge his statements.

    “It’s a long way to go, Nawaz Sharif is not illegible, both Shehbaz Sharif and Maryam Nawaz are facing court cases. The situation isn’t clear yet. The future will tell who is illegible [to be a candidate],” said Zubair.

    PML-N leader further said, “I have been hearing the case hearing in Islamabad High Court (IHC), I do not have a legal background but I am100 per cent sure that Maryam Nawaz will get relief in her cases because there is no corruption against her.”

    Anchorperson Shahzeb Khanzada further asked Zubair if Shehbaz Sharif will be the next nominee for the position of prime minister, to which he responded that Shahid Khaqan might have some knowledge as he has been in a place of leadership, he might have information on the matter.

    Khanzada said, “You are one of the closest leaders to Maryam Nawaz in the party, it is not possible that this interview [of Khaqan] came a day earlier and it is not possible that you have not conversed with Maryam Sahiba on this.”

    “I have not talked to Maryam Nawaz. She is busy with her son’s wedding. Having said that, there are no second thoughts on the leadership qualities and competence of Shehbaz Sharif. He has led upfront during the toughest of times,” responded Zubair.

    “I will not hesitate in saying that Maryam Nawaz has political ambitions. But along with that, she abides by party discipline. She will completely contribute to the electoral victory of PML-N,” added Zubair.

  • Zardari case records went missing seven years ago during transportation

    Zardari case records went missing seven years ago during transportation

    The Islamabad High Court (IHC) on Thursday noticed that the National Accountability Bureau (NAB) has challenged the acquittal of former President Asif Ali Zardari without obtaining the original record of the case, reports Dawn.

    A two-member bench comprising of Chief Justice (CJ) Athar Minallah and Justice Aamer Farooq was hearing NAB’s appeal against the acquittal of Zardari in a case.

    NAB Additional Prosecutor General Jahanzaib Khan Bharwana informed the bench that the original record of the reference had gone missing.

    The court noted that it took NAB seven years to realise that the appeals were filed without possessing the original record.

    Bharwana told the court the record had gone missing while it was being transported from the Lahore High Court to the Supreme Court.

    Justice Aamer Farooq questioned, “Please, tell us whether the anti-corruption watchdog is interested in pursuing its appeal or not?” reports The News.

    Farooq said that NAB’s cases do not have any substance, adding, “NAB’s job is to hold corrupt people accountable. Now it is time to hold it accountable.”

    CJ Minallah said NAB should now admit it had made a mistake by filing these references since it did not have proof against the former president.

    “And if indeed, there were no proofs, then the court will also take action against the former bureau chairman in whose tenure these cases had been filed,” said IHC CJ.

    Justice Minallah asked whether the NAB officials had any idea what cost the country’s economy had to pay for their rash steps. “Truth of the matter is that the bureau had failed to satisfy the accountability court with respect to allegations against Zardari,” he added.

  • ‘Who has the capability to record the chief justice of Pakistan?’ Asks Justice Athar Minallah

    ‘Who has the capability to record the chief justice of Pakistan?’ Asks Justice Athar Minallah

    Islamabad High Court (IHC) Chief Justice Athar Minallah said that the courts cannot risk “opening up of the floodgates” by ordering inquiries into “anything that goes viral on social media”, remarking that vigorous judicial activism had caused a lot of damage to the judiciary, reports Dawn.

    “Anything goes viral on social media. How many can the court order inquiries into?” the high court chief justice questioned during a hearing on Monday.

    Justice Minallah’s remarks come during a hearing of a petition asking for a Commission of Inquiry to investigate an alleged audio clip of former Chief Justice of Pakistan (CJP) Saqib Nisar.

    The judge wondered who was behind the audio leak. “Who has the capability to record the chief justice of Pakistan? Did that person release it or someone sitting in America?”

    Questioning the petitioner,  Sindh High Court Bar Association (SHCBA) President Salahuddin Ahmed, Justice Minallah asked, “Tell [the court] how this petition is maintainable. What writ should we issue?”

    To the question asked on the writ of the state, Ahmed responded that the court’s power regarding the enforcement of fundamental rights was very extensive and it could exercise this right under Article 199-C of the Constitution.

    “The court cannot play into the hands of political entities trying to build narratives rather than approach the court themselves,” responded Justice Minallah.

    “When they do not approach the court, the court also has to see what their intentions are,” he added. “Who released the audiotape and to whom?”

    Questioning the authenticity of the audio clip, Justice Minallah remarked: “Suppose this audio is legitimate, where is the real clip? Tomorrow, anybody will bring a clip and ask for an inquiry.”

    The court subsequently issued a notice to Attorney General Khalid Jawed Khan to argue on the maintainability of the petition and adjourned the hearing till December 8.

  • ‘Who pressured you to sentence Nawaz Sharif and said that Khan needs to be in power?’: Maryam asks ex-CJP Nisar

    ‘Who pressured you to sentence Nawaz Sharif and said that Khan needs to be in power?’: Maryam asks ex-CJP Nisar

    Pakistan Muslim League-Nawaz (PML-N) Vice President Maryam Nawaz, in a heated press conference in Islamabad, called upon former Chief Justice of Pakistan (CJP) Saqib Nisar and asked him to come forth and tell the nation the truth.

    “Come forth, tell the nation who pressurised you?” Maryam Nawaz

    “Whether today or tomorrow, you will have to tell the nation the truth. There is still time. Come forth, tell the nation who pressured you to sentence Nawaz Sharif if it was unwarranted? Who pressured you to sentence Maryam Nawaz, if it was without merit. And who told you that [Prime Minister (PM)] Imran Khan needs to be brought to power?”

    “If Nawaz didn’t deserve the punishment, then why did you play with the justice system? You were sitting in the highest forum and why could you not refuse orders to convict Nawaz Sharif?”

    Maryam also asked Nisar why he allowed himself to be “forced to take an unconstitutional and illegal [step]”.

    “You will have to answer all this,” said Maryam.

    “After the TV channel said that [Nisar’s] audio had been pieced together to create the clip, Nisar too stepped forth to agree. So the TV channel deserves thanks,” Maryam Nawaz

    Addressing the media coverage regarding the leaked audio, without naming the channel, Maryam said that earlier Nisar denied any connection with the clip and said that it is not him who can be heard in the audio.

    “After the TV channel said that his [Nisar’s] audio had been pieced together from two of his previous speeches to create the alleged audio, he [Nisar] too stepped forth to agree,” said Maryam, adding, “So the TV channel that led to his [Nisar’s] admission of his voice being part of the clip deserves some thanks.”

    Addressing the TV channel directly, Maryam questioned the choice of the channel to omit specific bits from the audio clip that are the “real crux of the matter”.

    She also added that those words are the “charge sheet against Saqib Nisar” and demanded to know which speech those bits are from then.

    “So the bits that you like are his voice and the parts that you do not, are not his voice?” she asked.

    “Audio clips and videos may be material, but Justice Siddiqui is very much alive, he must be inquired about his allegations,” Maryam Nawaz

    “Justice Shaukat Aziz Siddiqui also made a startling statement, while [former accountability judge] Arshad Malik was punished for speaking the truth,” Maryam said, adding that although the two judges had been punished, “nobody dared to come forward to provide justice to Nawaz Sharif.”

    She demanded that the parties involved in the Justice Siddiqui scandal be summoned in court, made to stand in the witness box and a sworn testimony be taken from them.

    Maryam said that audio clips and videos may be material that one can be skeptical about “but Justice Siddiqui is very much alive and he must be inquired about his allegations”.

    “Fifth testimony in favour of Nawaz Sharif”: Maryam Nawaz

    “You (Nisar) will have to give its answer to the people. Leave the audio, leave [the former top] Gilgit-Baltistan judge’s affidavit, and the statements of former judges and FIA’s Bashir Memon. This is the fifth testimony in favour of Nawaz Sharif. Will the nation forget these testimonies? Can you deny that an elected prime minister (Nawaz Sharif) was removed from power unjustly?”

    She continued: “There is no proof against me and I was [sentenced to prison] for seven years. Now National Accountability Bureau (NAB) has no evidence to furnish in the IHC (Islamabad High Court).”

    She said it was “ridiculous” that Nisar was not saying anything in his defence, while government ministers were defending the ex-CJP “haphazardly”.

    “Imran Khan never called a meeting to discuss inflation, but after the audio leak he called a meeting,” Maryam Nawaz

    “[PM] Imran Khan never called a meeting to discuss inflation, but after the audio leak he called a meeting asking his party men to discuss the PML-N tenure in public,” she alleged, saying the ministers and the premier were actually saving themselves “because they know they will suffer badly once Saqib Nisar is proved guilty”.

    “Saqib Nisar get a forensic audit conducted, face the law and build a dam from the money he gets after winning the case,” Maryam Nawaz

    “I want Saqib Nisar to get a forensic audit conducted, face the law and build a dam from the money he gets after winning the case,” she said, calling upon the judiciary “not to bear the burden of someone whose truth is now out”.

    Stressing politicians’ responsibility to protect the prestige of the judiciary, the PML-N leader stated: “Judiciary is bigger than these individuals. We don’t want to take matters beyond a certain point [and] the judiciary should clear its name itself.”

    She then quoted former chief justice Asif Saeed Khosa as writing in the Panama Papers case judgment that “Behind every great fortune, there is a crime,” and said: “The crime and conspiracy that took place before the 2018 elections are also exposed before everyone now.”

  • ‘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.

  • ‘If Nawaz Sharif can go to jail, so can Saqib Nisar’: Shahid Khaqan Abbasi

    ‘If Nawaz Sharif can go to jail, so can Saqib Nisar’: Shahid Khaqan Abbasi

    “If Nawaz Sharif can go to jail, so can Saqib Nisar,” said Pakistan Muslim League-Nawaz (PML-N) leader Shahid Khaqan Abbasi at a press conference in Islamabad.

    Abbasi was addressing the media along with Khawaja Asif after the claims of former Chief Judge (CJ) of the apex court of Gilgit Baltistan Rana M Shamim came to light. Justice Shamim, in a signed affidavit, wrote that he is a witness to the then Chief Justice of Pakistan (CJP) Saqib Nisar’s direction to a high court judge not to release Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 general elections.

    “I pray that Nisar is not involved in this act. Getting involved in the country’s affairs is unconstitutional […] Nisar had visited hospitals and tried to build dams, thus we have to believe Rana Shamim’s statement,” said Shahid Khaqan Abbasi.

    “Three people, including Rana Shamin and Saqib Nisar, are aware of the facts, but the people of Pakistan should also know the truth. If someone meddles with elections, so don’t we hold the right to question them?” he said.

    Khawaja Asif said that the PML-N would raise Shamim’s allegations in parliament, as he had recorded his statement “without any pressure”.

    Meanwhile, Saqib Nisar said he didn’t want to respond to the “white lies” of the ex-GB chief justice.

    “I have never spoken to anybody or any high court judge in connection to any matter related to Mian sahab,” he said.

    Nisar said that Shamim had asked him for an extension but he didn’t accept his request, adding that the ex-GB CJ had also complained to him about the same.