ISLAMABAD: The Islamabad High Court (IHC) decided on Monday to open the ‘sealed affidavit’ of former chief justice of Gilgit-Baltistan (GB) Rana Shamim couriered from London in the presence of the Attorney General of Pakistan (AGP) in the next proceeding.
IHC Chief Justice Athar Minallah heard the contempt of court case against the ex-chief justice of G-B during which Rana Shamim was also present.
In the ‘leaked’ affidavit, dated November 10, 2021, Shamim allegedly stated that the former chief justice of Pakistan (CJP) Saqib Nisar during his visit to G-B made a call to an IHC judge and asked him to ensure that Nawaz Sharif and Maryam Nawaz were not granted bails before the General Elections 2018.
During the hearing, a sealed envelope containing Rana Shamim’s affidavit, delivered via courier from London, was presented in the court.
IHC chief justice stated that the document has been delivered from London and it can be open if the defendant wants.
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The chief justice questioned Rana Shamim’s counsel whether his client believe what has been printed in the newspaper is what he said in his affidavit.
He remarked that the court is not afraid of criticism at all, adding that Rana Shamim’s statement published after three years has raised the question of the court’s credibility.
“Your client conveyed the impression that the high court is compromised which is not a matter of normal routine. Can any finger be pointed at any judge of this court?”, Minallah asked Shamim’s counsel.
IHC chief justice said Rana Shamim also conveyed the impression that the privileged document may have been leaked from a notary public, asking if any action was taken against it in the UK.
The chief justice said the court has always supported freedom of expression and remarked that the judges cannot hold press conferences and issue press releases.
“If the freedom of expression goes against the public interest then the situation is different. It is not possible for him (Rana Shamim) to make an affidavit and use the newspaper for any purpose,” Minallah remarked during the hearing.
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The court decided to open the controversial affidavit in the next hearing in the presence of the AGP.
The court said that it will move forward in the case in light of Article 19 of the Constitution where the issue of fundamental rights comes up, and the exemption of expression ends.
It added that breaking people’s trust in the court is connected with the fundamental rights of the people.
Minallah said, “We have not decided whether to charge the suspect or not. This is an open inquiry and the court has been questioned. We can be satisfied that if there is no contempt of court then the case will be discharged”.
The court later adjourned the hearing until December 28.
