Tag: Saqib Nisar

  • Islamabad Chief Justice says no need to investigate audio recordings if evidence is not brought to court

    Islamabad Chief Justice says no need to investigate audio recordings if evidence is not brought to court

     The Chief Justice of Islamabad High Court (IHC), Athar Minallah on Wednesday remarked that why the court should investigate a case when the concerned appellants didn’t bring any audio before the bench, reports The News.

    The court was hearing the inquiry commission to probe into the alleged video of former Chief Justice of Pakistan (CJP) Saqib Nisar.

    The Attorney General of Pakistan (AGP) Khalid Javed said the petition has been filed under Article 199-C of the Constitution.

    “Why are people choosing only one prime minister and coming to court as their proxy? Thousands of people were sacked. No video in their respect came. It is a proxy war. Today everyone is saying he has two videos and he has four videos. This is the season of harassing and pressurising judges,” said AGP.

    “Sometimes an audio, sometimes some concocted affidavit is released,” the attorney general said, referring to an affidavit by former Gilgit-Baltistan Chief Judge Rana Shamim in which he accused ex-CJP Nisar of colluding to deny bails to Nawaz Sharif and Maryam Nawaz before general elections 2018.

    “If a facility is given to one PM, then why was it not given to Bhutto,” asked the AGP.

    Salahud Din Ahmed, president SHCBA, said the AGP was holding bar associations responsible for every case. “See the statements given by Prime Minister Imran Khan against the judiciary and judges. It is now being said to either do accountability of the last 70 years or not at all to divert attention.”

    The petitioner argued that the judiciary was being made controversial through different tactics and the court could stop this practice by probing the allegations against judges. At this, the attorney general responded that all matters of the past could be sent to parliament. “One appeal against conviction in the Avenfield Reference is being heard in this court. That one appeal has perplexed the entire judiciary,” Khalid Javed added.

    While acknowledging that those whose cases would be affected by the alleged audiotape had not approached the court, Ahmed said his stance was that courts were being made controversial. The judiciary could stop that from happening by ordering an inquiry, he added.

    The IHC chief justice observed that any audio or video could be constructed in today’s age of advanced technology. “Anybody can make audio and ask for an investigation. The court remarked if we declare the petition seeking an investigation into audio maintainable, then what will be the impact on the pending appeals?”

    Justice Minallah noted, however, that the matter of the affidavit was different because the person concerned — Rana Shamim — had himself approached the court. “You’re unsure yourself about the [authenticity of] the audiotape you’re mentioning. A commission can be formed when there are grounds. The people who have cases [which could be affected by it] have not brought the audiotape to the court. Why should we [take action]? Is there anyone to take ownership of the audiotape?” he questioned.

  • UK oath commissioner claims Rana Shamim’s affidavit authentic, ready to appear in Pak court

    United Kingdom (UK) oath commissioner Charles Guthrie, who authenticated the affidavit of former Chief Judge (CJ) Gilgit Baltistan Rana Mohammad Shamim, has claimed the affidavit’s authenticity, reports Murtaza Ali Shah for Geo News.

    In an exclusive interview, the commissioner revealed that when CJ Rana Shamim came to him for signature, he [Shamim] was in his senses and under no pressure. The commissioner also said he is ready to appear before at any legal forum, including the Islamabad High Court (IHC), for confirmation.

    While confirming the authenticity, Guthrie said that the affidavit published in The News with the redaction of a key name was genuine and it’s the same affidavit that carries the stamp of his firm London Notary Public and the name and signature of the London oath commissioner.

    Commenting on Shamim, Guthrie said, “The former CJ is a highly educated, intelligent man. I think he was one of the most senior judges in Pakistan in his time. He confirmed to me that yes he understood exactly what he was swearing by in his oath. I saw him alone at the time he made that oath with me”.

    Guthrie provides services to the Pakistan High Commission in London and verifies papers for the Pakistan Foreign Office (FO) and the National Accountability Bureau (NAB). Back in 2017, he attested all Panama related papers.

    Furthermore, Guthrie — while saying that he was aware of the controversy caused in Pakistan — stated: “I am independent and neutral. I am a non-political person. So, if the Pakistan High Commission asks me to certify true and genuine papers, I will certify them if they are true and genuine. I have done that in the past. If a person comes to me to make an oath or statement of truth, I will make him produce proper proof of identity and to see they have a proper capacity to make a statement of truth on oath.”

    “I know it’s high news in Pakistan. I will generally refuse to say anything about it other than to state what happened that the person making it was identified to me.”

    Talking with Murtaza, Guthrie also disclosed the standard procedure of signing the papers in England. “The person has to produce proof of identity. They have to produce, for example, either a passport or a national ID card or photo driving license and I will be satisfied they are genuinely the person they are. That’s exactly what happened here. The person [CJ Shamim] produced his passport and I believe it was a national identity card as well. He made the statement of oath independently, alone with me.”

    During this report, it was revealed that at least three people attempted to pay Charles Guthrie for verification of documents and then tried to obtain the story as if the affidavit was fake. However, it didn’t work as Guthrie stuck to his legal and factual position. According to the UK commissioner, he has received lots of inquiries since the affidavit of Justice Shamim was made public.

    This interview came after the former CJ appeared before IHC and said that the affidavit he had signed accusing former Chief Justice of Pakistan (CJP) Saqib Nisar was leaked.

  • ‘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.

  • ‘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.

  • PTI’s Aleem Khan resigns as minister to maintain neutrality of his ‘news channel’

    PTI’s Aleem Khan resigns as minister to maintain neutrality of his ‘news channel’

    Punjab Minister of Food Abdul Aleem Khan has resigned from the provincial cabinet headed by Chief Minister (CM) of Punjab, Usman Buzdar.

    Aleem took to Twitter to announce his resignation and tweeted, “I am grateful to them [government] for accepting my request. I am sending my resignation to CM Buzdar.”

    He revealed that he has met with Prime Minister (PM) Imran Khan and persuaded him that it is important for him [Aleem] to resign.

    “In today’s meeting with the PM, I have persuaded him that in order to maintain neutrality with regard to my news channel Samaa News, it is necessary for me not to hold any government post. Therefore, accept my resignation as Punjab Minister of Food,” tweeted Aleem.

    After the alleged audiotape of Chief Justice of Pakistan (CJP) Mian Saqib Nisar, Samaa News, a private news channel ran a news story, claiming that CJP Nasir’s clip appeared to be “pieced together” from two of his own speeches.

    In September, Pakistan Tehreek-e-Insaf’s (PTI) leader Aleem Khan officially became the owner of Samaa News.

  • Journalist Ahmad Noorani says linking ‘an incident of attack in Lahore’ with his Saqib Nisar audio leak is ‘incorrect’

    Journalist Ahmad Noorani says linking ‘an incident of attack in Lahore’ with his Saqib Nisar audio leak is ‘incorrect’

    Investigative Journalist Ahmad Noorani has clarified the story about the attack on his wife by saying that “linking an attack incident with his [former Chief Justice of Pakistan Mian Saqib Nisar] story is incorrect.”

    He tweeted, “Many media persons and friends are connecting an incident of attack in Lahore with me and my recent story about Justice Saqib Nisar’s audio. This is incorrect. I have stated many times and I reiterate that a high-powered judicial commission should probe all allegations against Saqib Nisar.”

    Earlier, it was reported that his wife Ambreen Fatima was attacked in Lahore on Wednesday.

    Punjab Police, confirming the incident tweeted, “An investigation was initiated when the lady in question came to the station with the car,” the statement said, adding that a case had been registered against an unidentified person.

    “Teams led by the concerned Superintendent of Police (SP) are working on arresting and identifying the accused with the help of Closed Circuit Television (CCTV) cameras,” police added.

    Moreover, Dawn reported that in a First Information Report (FIR) Ambreen Fatima, who is also a journalist, stated that she and her children left their house at 8pm on Wednesday.

    Her statement reads: “When we reached an adjoining street, an unidentified person raced towards the car and struck the vehicle’s windscreen three to four times with an iron object with the intention to cause me harm.”

    Fatima said the person also hurled death threats before running away.

    Fatima added that she did not have rivalry with anyone and urged police to take action and provide her with protection.

    This suspicious incident took place after her husband, Ahmad Noorani published a story about the former CJP Saqib Nisar, who has become controversial after the alleged audio tape (which story was reported by Ahmad) and a signed affidavit by former Chief Judge (CJ) of the apex court of Gilgit Baltistan Rana M Shamim.

    After the news, Pakistan Muslim League Nawaz’s (PML-N) spokesperson Marriyum Aurangzeb revealed that she had personally spoken to Fatima about the incident and said Fatima’s strength was admirable.

    PML-N President Shehbaz Sharif, while condemning the attack, said that the incident should be investigated at the highest level and the perpetrators should be punished in accordance with the law.

  • ‘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.”

  • ‘Our lives are in danger,’ says firm that did the forensic of CJP Nisar’s leaked audio

    ‘Our lives are in danger,’ says firm that did the forensic of CJP Nisar’s leaked audio

    Garret Discovery, an American-based firm that conducted a forensic analysis of the alleged audio clip of former Chief Justice Saqib Nisar, took to Twitter and claimed that the company is being threatened for the work it had performed for FactFocus.

    “Today we received a call saying our lives are in danger and the same person said he is going to file in court against us for our work authenticating a file for FactFocus,” read the tweet from Garret Discovery’s Twitter handle.

    “Threatening our team to obtain a different result is unethical,” read the tweet.

    Earlier Garret Discovery had confirmed that they did work for FactFocus.

    “We did perform work for FactFocus. As part of our standard agreement, we have a confidentiality clause that prohibits us from speaking about the scope of work or work we performed,” a representative from Garret Discovery had revealed.

    “We have no problem releasing details as long as our client signs an agreement allowing us to do so. Please contact FactFocus with any inquiries as to the work we performed and discuss with them any release of information. We will not comment anymore on this issue until that time.”

  • ‘Highlight previous history of PML-N as to how the party attacked judiciary’: PM Khan directs party spokespersons

    ‘Highlight previous history of PML-N as to how the party attacked judiciary’: PM Khan directs party spokespersons

    During a meeting with his spokespersons, Prime Minister (PM) Imran Khan on Monday said the alleged audio leak of former Chief Justice of Pakistan (CJP) Saqib Nisar was devised by the Pakistan Muslim League-Nawaz (PML-N). He instructed his spokespersons to highlight the previous history of the PML-N as to how the party had attacked the judiciary and maligned judges, reports Dawn.

    “But their [PML-N] bad tactics will not work this time,” he added.

    “The government stands by the state institutions,” said PM Khan.

    Meanwhile, Federal Minister for Information and Broadcasting Fawad Chaudhry on Tuesday said that the PML-N should come out of “leaks, fake videos, and games” and clarify allegations against them on the basis of merit.

    Taking to Twitter, Fawad wrote: “Nawaz & Co, come out of fake videos, leaks, and games and answer the allegations levelled against you on the basis of merit.”

    “These dramas have completely flopped. If you do not wish to be imprisoned, then you should return the nation’s wealth,” said Fawad, adding, ” This is a simple solution, which they are complicating as a way out.”

    The minister’s comments come in relevance to the leaked audio of an alleged conversation claiming that CJP Nisar was the person who passed on the directions of handing down conviction to PML-N supremo Mian Nawaz Sharif and his daughter, Maryam Nawaz only because the “institutions” wanted the former prime minister penalised in order to bring ahead Imran Khan. Ahmed Noorani reported this for FactFocus.

  • Samaa News claims CJP Nisar’s leaked audio ‘pieced together’, US forensic firm asks permission to share details

    Samaa News claims CJP Nisar’s leaked audio ‘pieced together’, US forensic firm asks permission to share details

    Samaa TV, a private news channel ran a news story and claimed that the former Chief Justice of Pakistan (CJP) Saqib Nisar’s clip appears to be pieced together from two separate speeches of former CJP.

    Claims of Samaa TV:

    The two speeches were made by former CJP Nisar on January 22, 2018, and February 22, 2018. The former speech was made in an address to a judicial conference, while the latter was made while addressing a ceremony of Islamabad High Court Bar, reports Samaa.

    “Some phrases in the audio clip are exact matches with parts of speeches the former CJP did on the two occasions,” claims Samaa.

    Fawad Chaudhry: “Unfortunately a specific group is always used in such situations. They are the ones who bring such kinds of leaks and affidavits to the limelight.”

    Meanwhile, Minister for Information and Broadcasting Fawad Chaudhry while speaking on Geo News programme, ‘Aaj Shahzeb Khanzada Kay Sath’ said that the government never claimed that Nisar’s audio was “pieced together” but Samaa TV ran a “splendid investigative report and it is through their findings that we have found out that the alleged audio has been put together through different chunks of [Nisar’s] speech.”

    Fawad further added that the news channel contacted Garret Disco­very, the firm which checked the alleged audiotape of the CJP Nisar. “The company did not comment on the development and has refused to own it,” said Fawad.

    Anchorperson Shahzeb Khanzada questioned the minister that the report put together by Samaa TV missed out on a few important points.

    Khanzada read out the missing points to Fawad and questioned him, “Does the report presented by Samaa TV also include the part where [Saqib Nisar could be allegedly heard saying] Mian Sahib [Nawaz Sharif] needs to be punished? Was it said that Khan Sahib [Imran Khan] has to be brought [into power]? It has to be done. Regardless of the merit, we will have to do it (sentence Nawaz Sharif), and even to his daughter. Did Samaa TV cater to these statements as well?”

    Fawad ignored the question and asked Khanzada to play the video prepared by Samaa on his programme and he will understand better.”

    “I have seen the video, were these three sentences in the video?” questioned Khanzada.

    Fawad again replied, “Play the video and you will understand better.”

    The minister went on to say that an environment is created every time a case of Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Maryam Nawaz comes to the surface.

    “Unfortunately a specific group is always used in such situations. They are the ones who bring such kinds of leaks and affidavits to the limelight,” said Fawad.

    Shahid Khaqan Abbasi: “It is not the work of news channels but that of the judges to reach a conclusion and find facts in this matter.”

    PML-N leader Shahid Khaqan Abbasi said the party was not behind the audio and demanded an impartial inquiry into it.

    “It is not the work of news channels but that of the judges to reach a conclusion and find facts in this matter,” said Abbasi.

    “We are ready to face the consequences if the probe finds out that it is a conspiracy,” he said.

    “Whoever breaks the law [should be punished] even if it’s the chief justice of the country. The government should not be concerned with this,” said Khaqan.

    Garret Discovery: “We did perform work for FactFocus. We have no problem releasing details as long as our client signs an agreement allowing us to do so.”

    In a chat with a Garret Discovery representative, Dawn told the US firm that they are mentioned in a story about a former Pakistani chief justice and asked what their findings were.

    “We did perform work for FactFocus. As part of our standard agreement, we have a confidentiality clause that prohibits us from speaking about the scope of work or work we performed,” the representative responded.

    “We have no problem releasing details as long as our client signs an agreement allowing us to do so. Please contact FactFocus with any inquiries as to the work we performed and discuss with them any release of information. We will not comment anymore on this issue until that time.”

    ‘His daughter [Maryam Nawaz] doesn’t merit a sentence, still, we will have to do it’: Alleged audio tape of CJP Nisar

    November 21, leaked audio of conversation allegedly claims that Saqib Nisar was the person who passed on the directions of handing down conviction to Mian Nawaz Sharif and his daughter, Maryam Nawaz only because the “institutions” wanted the former prime minister penalised in order to bring ahead Imran Khan, reported Ahmed Noorani for FactFocus.