IHC Chief Justice asks journalist Ansar Abbasi that at least he should have asked registrar of the court, observing that it is matter of the dignity of the court.
ISLAMABAD: (UrduPoint/Pakistan Point News-16th, 2021) The Islamabad High Court (IHC) on Tuesday issued show-cause notices to respondents in a case related to the accusations leveled against ex-CJP Saqib Nisar by former chief justice of Gilgit-Baltistan Justice (retd) Rana Shamim.
Chief Justice of IHC Athar Minallah was hearing the case.
As the hearing commenced, Aamir Ghauri, the editor of Jang Group and editor of The News, appeared in court with The news editor investigation Ansar Abbasi.
Attorney-General Khalid Javed Khan and Islamabad Advocate-General Niazullah Niazi were also present there in the court.
The IHC had summoned Shamim, editor-in-chief of The News, editor of the newspaper and journalist Ansar Abbasi for today (Tuesday) but Chief Justice retired Rana Shamin of Gilgit-Baltistan wasn't present in court.
A report published by The News had revealed that former CJP Saqib Nisar had directed a high court judge to not release Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 General Elections.
“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,” this is what was said in the affidavit of the former top judge of GB talking about the then chief justice of Pakistan.
However, the son of Justice(retired) Rana Shamim appeared before the court and sought permission to play a video in the courtroom but it was denied. A representing Shamim also appeared before the court who was asked about absence of the former GB Chief Justice.
The counsel said that Shamim was not feeling well as he had arrived last night from Arifwala and also told the court that Shamim's brother had passed away. During the proceedings, the counsel asked the court to issue notice to Faisal Vawda, saying that he also passed irrelevant statements against former GB Chief Justice Shamim.
The IHC chief justice replied to the request by saying that they can file a separate petition in this regard and that this shouldn't be mixed with this case.
During the hearing, the attorney-general was asked what would be the result if Shamim's affidavit proves to be false.
The attorney-general highlighted the importance of timing in this matter.
"Shamim's brother died on November 6 and he went to London and took the oath on November 10," he said, adding that that the timing of the affidavit is very important.
However, the court asked whether there is a difference between social media and newspapers, pointing out that a newspaper had an editorial policy and editorial control.
CJ Athar observed that if he did not trust his judges, he wouldn't have started the proceeding.
"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.
He recalled that a propaganda campaign was launched against him on social media that he had taken a flat in the UK. "If a former chief justice gives an affidavit, will you print it on the front page?" he questioned.
Justice Minallah said: "Please hold us [judges] accountable, but don't create controversies".
The court sought a reply from all parties in seven days, and ordered them to appear in person on November 26.
AGP informed the court that he would not be able to be present in the court on the next date of hearing to which Justice Minallah asked him to appoint a representative in his place.
The CJ while addressing Ansar Abbasi remarked, "You are not a messenger. I am asking you what did you do?". The CJ also asked him to read out the headline of his story. The CJ also observed that there court was accountable before the petitioner and again addressed Abbasi to read out the headline of his story published a day before 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.
The CJ further asked Abbasi that whether he had investigated why the affidavit was notarized in London. He also asked Abbasi if he had checked when the decision of the Avenfield case was announced.
"Justice Aamer Farooq and I were abroad on leave at that time," Justice Minallah said, sharing that Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb had conducted the preliminary hearing.
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. The CJ remarked that there is a fear that this affidavit is fake.
However, Ansar Abbasi was allowed to speak. Abbasi said that 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. Abbasi further said, "The editor and editor-in-chief were not to be blamed in this matter,".
At this, Justice Minallah told Abbasi that if he shows him any evidence that the judges, in this case, took instructions from anyone else, he will accept responsibility for it. He also remarked that as far as the social media is concerned, they did not have any editorial policy.
On it, Abbasi said that he did the story and fulfilled all the professional requirements. He said that it was not his statement; it was of 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 Shamim," said Abbasi, adding that he did not even mention the name of the high court judge in his story.
On it, Justice Minallah remarked that the charge, however, was leveled against this court, it was alleged that [the] High Court takes directions from others; hence, "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.
Justice Minallah remarked, "At least you should have asked our registrar,".
